RK  F»LY 

TO   THE 

ARGUMENT  OF  NICARAGUA 


QUESTION  OF  THE  VALIDITY  OR  NULLITY  OF  T 
TREATY  OF  LIMITS  OF  APRIL  15,  1858.     ^^ 


TO   BE    DECIDED   BY 


The  President  of  the  United  States  of  Americ 


AS     ARBITRATOR. 


FILED  ON  BEHALF  OF  THE  GOVERNMEXT  OF  COSTA  RICA 

BY 

F>EDRO    PKREZ    ZELEIDON, 

ITS    ENVOY    i;XTR.\ORniN.\RV    AND    MINISTER    PLENIPOTENTIARY 
IX    THE    LMTICD    STATES. 

(TnASi-LATED  INTO  English  by  J.  I.  Rodriguez.) 


WASHINGTON'  : 

Gibson  Bbos.,  Primters  and  Bookbinders. 
1887. 


^ 


liJs^L/^^ 


R  E  FV 


ARGUMENT  OF  NICARAGUA 


QUESTION  OF  THE  VALIDITY  OR  NULLITY  OF  THE 
TREATY  OF  LIMITS  OF  APRIL  15,  18^8, 


TO    BE    DECIDED    BY 


The  President  of  the  United  States  of  America. 


AS      ARBITWATOR, 


FILED  ON  BEHALF  OF  THE  GOVERNMENT  OF  COSTA  RIGA 

r 


PEIDRO    F»EREZ    ZELEOON, 

ITS    ENVOY    EXTRAORDINARY    AND    MINISTER    PLENIPOTENTIARY 
IN    THE    UNITED    STATES. 

(  Tkanslatei)   into   English   by  J.  I.  Kodriguez.) 


WASHINGTON  : 

GiHSON  Bkos..  Printei  s  and  Bookbinders 

1887. 


67  Pf 


LIBRARY 

XJNTVERSITY  OF  CALIFORNIA 

SANTA  BARBARA 


v1 

CONTENTS 


INTKODUCTION, :i 

PART  FIRST. — Historical  Antecedents. 

Chapter  I. 

Limits  of  the  ancient  Province  of  Nicaragua,  ....  9 
Chapter  II. 

Limits  of  Costa  Rica,      .........     30 

PART  SECOND. — Elucidation  of  the  Principal  Point. 

Chapter  I. 

Arguments  of  Nicaragua  against  the  validity  of  the  treaty  of  April 
15,  1858, 39 

Chapter  II. 

The  Treaty  of  Limits  was  made  in  strict  jjursuance  of  the  funda- 
mental law  in  force  in  Nicaragua  at  the  time  of  its  conclusion,      41 

Chapter  III. 

Demarcation  of  the  territory'  of  Nicaragua  according  to  her  first 
Constitution,  promulgated  April  8,  1826. — Nicoya,     .         .         .48 

Chapter  IV. 

Demarcation  of  the  territory  of  Nicaragua  according  to  her  first 
Constitution. — Southern  bank  of  the  San  Juan  river,  .         .     5fi 

Chapter  V. 

The  Convention  of  Limits  of  1858  is  an  international  treaty  like 
any  other,  and  not  an  unfinished  amendment  to  the  Nicaraguan 
Constitution,        ..........     59 

Chapter  VI. 

Even  granting  that  the  treaty  of  18.")8  involved  a  cession  of  terri- 
tory, this  cession  could  be  made  by  only  one  Legislature,  ac- 
cording to  the  Constitution  of  1838,  .         .         .         .         .62 

Chapter  VII. 

Whether  the  treaty  of  1858  was  exchanged  before  it  was  ratified,  64 
Chapter  VIII. 

Whether  the  treaty  of  1858  was  rather  imposed  upon  Nicaragua 
than  accepted  by  her.  ........     68 

Chapter  IX. 

Whether  the  Treaty  of  Limits  is  null  for  want  of  ratification  by 
the  Government  of  Salvador,      .         .         .         .         .  .71 


76 


IV 


Chapter  X. 

NVhether  Nicaragua  can  repudiate  the  Treatj-  of  Limits  for  being 
pernicious,  ......... 

Chapter  XI. 

Constant  recognition  by  Nicaragua,  until  1872,  of  the  validity  of 
the  Treaty  of  Limits. 79 

Chapter  XII. 

Importance  of  the  documents  referred  to  in  this  chapter  for  de- 
stroying the  effect  of  the  persistence  with  which  Nicarngua  has 
maintained,  ever  since  1872,  the  non-validity  of  the  Treaty  of 
Limits,  .........  .83 

CONCLUSION, 89 

DOCU:HENTS. 

No.  1. 

Royal  Ordinance  of  February  10,  1576,  for  the  reduction  of  the 
Province  of  Tausgalpa,  situated  to  the  north  of  the  San  Juan 
river,    ............  101 

No.  2. 

The  President  of  the  Koyal  Audieucia  of  Guatemala  transmits  to 
the  Governor  and  to  the  Most  Noble  Corporation  of  the  City  of 
Cartago  a  resolution  bj'  which  the  election  of  members  of  the 
Spanish  Cortes  for  Costa  Rica  and  Nicoya  was  ordered  to  be 
made  at  that  city. — It  appears,  from  this  Document,  that  the 
District  of  Nicoya  had  actually  been  annexed  to  Costa  Rica 
ever  since  May,  1813.  about  eight  years  before  the  independence 
from  the  mother  country, 103 

No.  3. 

Tkfc  first  Constituent  Congress  of  Costa  Rica  directs  that  the  Dis- 
tricts of  Nicoya  and  Santa  Cruz  should  be  considered  as  tempo- 
rarily annexed  to  the  State,  and  protected  as  such,    .  .  105 

No.  4. 

Measures  taken  by  the  Constitutional  Assembly  of  Costa  Rica  to 
carry  into  e^ecution  the  Federal  Decree  which  annexed  the  Dis- 
trict of  Nicoya  to  her  own  territory,  .....  106 

No.  5. 

Extracts  from  tlie  Constitution  of  the  State  of  Nicaragua  of  April 
8,  1H26,  showing  that  at  that  time  the  District  of  Guanacaste  or 
Nicoya  was  not  an  integral  part  of  the  State,  but  had  been,  by 
its  own  will,  and  with  the  sanction  of  the  Federal  Power,  an- 
nexed to  th(^  biirdcriiig  State  of  Costa  llica,  ....  107 
No.  C. 

Scbi-dulf  sliowing  tin-  way  in  which  the  districts  of  the  State  of 
Costtt  Rica  should  elect  their  deputies,        .....   110 


No.  7. 

The  District  of  Nicoya  culled  to  take  part  in  the  election  of  the 
Supreme  Federal  authorities,  by  order  of  the  Congress  of  Costa 
Rica,  and  as  an  integral  part  of  the  latter  State,  .         .         .111 

No.  8. 

Nicoya  is  granted  the  right  to  take  part  in  the  election  of  the  Su- 
preme authorities  of  the  State  of  Costa  Rica  according  to  the 
Constitution  thereof, 113 

No.  9. 

The  Nicaraguau  territory  ends  at  the  La  Flor  river,        .         .         .   115 
No.  10. 

The  Constitutional  Assembly  of  Costa  Rica  enacts  several  meas- 
ures for  the  cultivation  of  certain  lands  belonging  to  the  State, 
situated  on  the  right  bank  of  the  San  Juan  del  Norte  river,        .   116 

No.  11. 

The  village  of  Guaiiacaste  is  raised  by  the  Government  of  Costa 
Rica  to  the  category  of  a  town,  ......  119 

No.  12. 

The  town  of  Santa  Cruz  (iu  the  District  of  Nicoya)  has  a  Repre- 
sentative in  the  Assembly  of  the  State  of  Costa  Rica,         .         .   120 
No.  13. 

Instructions  given  to  the  Special  Commissioner  of  the  Govern- 
ment of  Costa  Rica  to  visit  the  Districts  of  Nicoya  and  Bagaces,    121 
No.  14. 

Classification  of  the  towns  of  Costa  Rica  in  reference  to  home 
government  and  Treasury  matters,      ......  124 

No.  15. 

Guanacaste  is  declared  to  be  one  of  the  five  judicial  districts  of 

Costa  Rica, 126 

No.  10. 

The  faithfulness  of  the  District  of  Nicoya,  and  its  services  subse- 
quent to  its  incorporation  to  Costa  Rica,  are  recognized  and 
rewarded,     ...........   127 

No.  17. 

The  rank  and  title  of  City  is  given  to  the  town  of  Guanacaste  in 
recognition  of  the  servi('es  rendered  by  it  to  the  State  by  resist- 
ing the  invasion  of  Manuel  Quijano, 129 

No.  18. 

Schedule  for  the  election  of  deputies  to  the  Constituent  Assembly 
of  the  State,  at  the  rate  of  one  deputy  for  each  5.000  souls,  and 
fractious  of  that  unit  to  the  number  of  3.000. — The  letter  A. 
means  the  jjlace  where  the  parochial  electors  must  meet,  and 
the  letter  B.  shows  the  place  where  the  district  electors  must 
meet 131 


Tl 


No.  19. 

The  Constituent  Assembly  of  Nicaragua  of  1838  gives  power  to 
the  Executive  to  enter  into  a  treaty  with  the  Envoy  of  Costa 

Kica,    ....         - 132 

No.  20. 

Law  enacted  by  the  Constituent  Assembly  of  Nicaragua  on  De- 
cember 21.  1838.  to  carry  into  efifect  Article  II  of  the  Constitu- 
tion of  the  same  year,  ........   133 

No.  21. 

Provisions  of  the  Decree  of  Bases  and  Guarantees  of  March  8, 
1841.  in  regard  to  Costa  Rican  Territory 135 

No.  22. 

The  Constituent  Assembly  of  Costa  Rica  of  18-12  declared  that 
the  Province  of  Guanacaste  is  an  iutegral  part  of  the  national 
territory,  and  that  it  is  incumbent  upon  the  honor  of  the  na- 
tion to  repel  the  aggression  attempted  by  Nicaragua,  .         .137 

No.  23. 

Revenue  posts  are  established  on  the  Sarapiqui  and  La  Flor  rivers,  130 

No.  24. 

The  Congress  of  Costa  Rica  ai^proves  the  Executive  Decree  which 
establishes  military  revenue  posts  on  the  Sarapiqui  river  and 
the  western  frontier  of  Nicaragua,      ......  141 

No.  25. 

The  road  which  leads  to  the  La  Flor  river,  the  frontier  of  the 
States  of  Costa  Rica  and  Nicaragua,  is  ordered  to  be  repaired,  142 

No.  20. 

Bases  for  the  formation  of  a  Company,  named  the  Sarapiqui  Com- 
pany, for  the  opening  of  a  road  from  San  Jose  to  the  Sarapiqui 
river,  and  for  thi'  navigation  of  the  said  river,  in  order  that  the 
exportations  of  Costa  Rica  may  be  made  through  the  Shu  Juan 
river.  ...  .........   144 

No.  27. 

Costa  Rica  prohibits  the  navigation  of  the  San  Cdrlos  river,  an 
afllucut  of  the  San  Juan,  ami  prt^scribcs  penalties  for  the  trans- 
gressors,      ...........   147 

No.  28. 

Costa  Rica  grants  to  the  firm  of  Kirkland  A:  Goering  the  jirivilege 
of  steam  navigation  on  the  Siipo.-i  river,  and  of  establishing  a 
route  of  transit  from  the  BolaHos  Bay  to  the  Lake  of  Nicara- 
gua ;  the  grantees  being  authorized  to  use  the  waters  of  the 
r..ake  and  of  tiic  San  Juan  and  ('olorado  rivers,  in  so  far  as  they 
bclouf.'  to  Costii  I{i(ii.  148 


Til 


No.  29. 

The  Government  of  Costa  Rica  accei^ts  the  apology  made  by  the 
Government  of  Nicaragua  for  having  trespassed  with  its  forces 
upon  the  dividing  line  between  the  two  States,  that  is,  the  La 
Flor  river,  boundary  of  the  Costa  Rican  Province  of  Guana- 
caste,    1.50 

No.  30. 

Congratulation  of  the  peoijle  of  Leon  to  the  Costa  Rican  Army 
upon  the  seizure  of  the  steamers  and  its  control  of  the  river 
and  Lake, 153 

No.  31. 

Seizure  of  the  steamers  of  the   San  Juan  river  and  the  Lake  of 
Nicaragua.— Official  news  from  the  Army. — Another  triumph. 
— Go  ahead  I — The  war  nearly  at  an  end,     ...  .  154 

No.  32. 

Proclamation  of  the  President  of  Costa  Rica  upon  the  seizure  of 
the  steamers  and  the  control  of  the  San  Juan  river  and  the 
Lake  of  Nicaragua,       .........  156 

No.  33. 

Opinion  of  the  Government  of  Guatemala  in  regard  to  the  action 
of  Costa  Rica  during  the  war  against  Walker,  and  especially  in 
the  affair  of  the  seizure  of  the  steamers,      .....  158 

No.  34. 

What  happened  in  Nicaragua  after  the  seizure  of  the  steamers  by 
the  Costa  Rican  forces .         .   159 

No.  35. 

What,  in  1857,  was  thought  in  Nicaragua  in  regard  to  the  blow 
inflicted  by  Costa  Rica  upon  Walker  on  the  San  Juan  river  and 

the  Lake  of  Nicaragua, 161 

No.  36. 

The  public  opinion  of  Nicaragua  in  regard  to  Costa  Rica  in  1857,    163 
No.  37. 

Gratuitous  grant  of  lands  along  the  course  of  the  Sarapiqui  river 
down  to  its  confluence  with  the  San  Juan  river,  for  agricultural 
purposes.      ...........  164 

No.  38. 

Provisions  of  the  Niearaguan  Constitution  of  August  19,  1858,  in 
regard  to  limits  and  the  division  of  the  National  territory,  .   167 

No.  39. 

Schedule  of  the  Judicial  Division  of  the  territory  of  the  Republic 
of  Nicaragua, 170 


•vui 


No.  40. 

A  road  is  ordered  to  be  opened  from  the  Capital  to  the  Sarapiqui 
river.    ............   173 

No.  41. 

Concessions  made  by  Costa  Kica  for  steam  uavigation  upon  the 
Sarapiqui  and  San  C.irlos  rivers,  and  for  carrying  the  mail  from 
the  wharf  on  the  Sarapiqui  river  to  San  Juan  del  Norte  and  pice 
tersa,    ............  174 

No.  42. 

Costa  Kica  is  recognized  as  a  party  to  the  canal  grant  made  to 

Mr.  Belly 175 

No.  43. 

A  tax  for  the  benefit  of  the  public  instruction  of  the  Province  of 
Guanacaste  is  levied  upon  the  exportation  of  wood  shipped  on 
the  Pacific  coast  between  Cape  Blanco  and  the  Gulf  of  Salinas,  17(5 
No.  44. 

New  rules  enacted  in  regard  to  timber  within  the  zone  of  the  Sara- 
piqui and  other  rivers  of  the  Republic  on  the  .\tlantic  side,       .   178 
No.  45. 

Costa  Rica  approves  the  contract  of  interoceanic  canal  entered 

into  with  Mr.  Felix  Belly,  of  Paris 181 

No.  40. 

Territorial  Division  of  the  Republic  of  Costa  Rica  for  Electoral 
purposes,  after  the  treaty  of  limits  of  April  15,  1858,  .         .   182 

No.  47. 

The  Custom  authorities  of  Costa  Rica  exercising  jurisdiction  on 
the  frontier  established  by  the  treaty  of  1858,     ....  183 
No.  48. 

Concessions  made  bj'  Costa  Rica  for  Steam  Navigation  on  the 
Sarajiiqui,  San  Cdrlos,  and  other  rivers  tributaries  of  the  San 
Juau  river,  and  the  Lake  of  Nicaragua,  and  for  the  building  of 
a  road  from  the  interior  of  Costa  Rica  to  the  Sarapiqui  river. 
or  to  any  other  river  affluent  to  the  San  Juan,  ...  185 

No.  49. 

Municipal  territorial  division  of  Costa  Rica  subseciueut  to  the 

treaty  of  limits  of  lH.58, 187 

No.  50. 

Grant  miidt-  in  favor  of  ])tni  Jost?  .\utonio  Chamorro  for  the  build- 
ing of  a  road  t(»  tlie  ImiikH  of  the  San  Juau  river.  .    IHH 
No.  51. 

Measures  taken  in  regard  to  the  (Juatuso  [ndians,  occupying  the 
plains  of  the  Haiiio  name  in  the  Rio  Trio  river  in  the  territorial 
iurisdiction  of  the  Province  of  Alajuola,  south  of  the  Lake  of 
Nicaragua  and  the  Sun  Juan  river,  IHi) 


IX 


No.  52. 

Dr.  Don  Eiiamiuoudas  Uribe,  Commissioner  of  the  Government 
of  Costa  Kica,  visits  the  San  Juan  and  San  Carlos  rivers,  and 
suggests  some  measures  for  the  foundation  of  two  Costa  Rican 
towns — one  at  Punta  de  Castilla  and  another  at  the  confluence 
of  the  San  Carlos  and  the  Peflas  Blancas  rivers,  .         .         .  192 

No.  53. 

The  official  organ  of  Nicaragua  publishes  the  estimate  of  the  work 
to  be  done  on  the  river  and  port  of  San  Juan  according  to  sur- 
veys made  by  a  mixed  commission  agreed  upon  between  the 
Governments  of  Costa  Rica  and  Nicaragua,         ....   197 

No.  54. 

Editorial  of  the  "  Gaceta  Oficial  "  of  Nicaragua  on  the  reception 
in  Costa  Rica  of  the  Nicaraguan  Minister,  Don  Mariano  Mon- 
tealegre. — Costa  Rica  is  recognized  as  bordering  upon  the  San 
Juan  river,  as  joint  possessor  of  the  navigation  of  the  same,  and 
as  much  interested  as  Nicaragua  in  the  Interoceanic  Canal  en- 
terprise,         198 

No.  55. 

The  exportation  through  San  Juan  de  Nicaragua  of  the  natural 
products  of  the  public  lands  of  Costa  Rica,  such  as  timber,  sar- 
saparilla,  rubber,  balsams,  resin,  &c.,  is  prohibited,  in  order  to 
prevent  the  natural  wealth  of  the  northern  section  of  the  Re- 
public from  being  destroyed,       .......  201 

No.  56. 

The  territorial  jurisdiction  of  the  "  Comarca  "  (district)  of  Limon 
is  created. — The  limits  given  to  it  are  from  Punta  de  Castilla, 
frontier  of  Nicaragua,  to  the  United  States  of  Colombia,  .         .  203 

No.  57. 

Origin  of  the  Martinez-Jerez  Duumvirate.  (From  Memorias  para 
la  historia  de  la  camjiana  nacional  contra  el  filibusterismo — 
1856  y  '57  por  Jer6nimo  Perez).     Masaya.     1873,        .         .         .205 

Chronological  epitome  of  historical  facts  connected  with 

THE      territorial      DEMARCATION      OF     CoSTA     KiCA    AND 

/  Nicaragua, 206 


INTRODUCTION. 


INTRODUCTION. 


Two  are  the  questions  submitted  to  the  arbitration  of  the 
President  of  the  United  States  of  America  under  the  treaty  of 
Guatemala  of  December  24,  1886.  One,  which  is  the  princi- 
pal, refers  to  the  treaty  of  limits  between  Costa  E-ica  and  Nic- 
aragua, which  was  concluded  on  April  15,  1858,  and  to  its 
validity  or  nullity.  The  other,  which  is  supplementary,  or 
secondary,  refers  to  the  interpretation  to  be  given  to  certain 
points  in  the  said  treaty  alleged  to  be  doubtful. 

It  was  stipulated  in  the  treaty  of  arbitration  that  both  ques- 
tions should  be  simultaneously  discussed  and  decided,  upon  such 
proceedings,  and  within  such  periods  of  time,  as  follows  : 

1st.  Within  ninet}''  days,  subsequent  to  the  acceptance  of  the 
Arbitrator,  the  arguments  and  documents  of  the  two  parties 
should  be  filed. 

2d.  Within  eight  days^  subsequent  to  the  above,  the  argu- 
ments and  documents  of  each  party  should  l)e  communicated 
to  the  other, 

3d.  Within  thirty  days,  subsequent  to  the  above,  the  reply  of 
each  party  to  the  argument  and  documents  of  the  other,  should 
be  submitted. 

4th.  Within  a  period  of  six  months,  and  by  onl}'^  one  and 
the  same  award,  all  the  questions  should  be  decided. 

In  spite  of  this,  which  under  the  provisions  of  the  treaty 
of  Guatemala  is  plain,  the  Ilepul)!ic  of  Nicaragua  has  reserved 
for  some  future  time  her  argument  upon  the  second  supple- 
mentary question,  and  comes  and  says  that  she  holds  herself 
in  readiness  to  submit  that  argument,  when  the  principal  ques- 
tion is  decided,  or  when  the  Arbitrator  declares  that  the  oppor- 
tunity to  do  so  has  arrived,  by  signifying  his  intention  of  en- 
tering upon  the  interpretation  of  doubtful  points. 


The  defense  of  !N^icaraoi:ua  ought  to  have  understood,  from 
the  unity  of  proceedings  wliich,  under  the  express  provisions 
of  the  treaty  of  Guatemala,  characterizes  the  present  arbitra- 
tion, that  the  periods  of  time  granted  to  both  parties  for  the 
tiling  and  answering  the  arguments  on  the  two  questions  were 
not  double,  but  simple  ;  and  that  the  two  questions  should  be 
discussed  together  and  decided  at  the  same  time  l»y  one  and 
the  same  award. 

The  text  of  the  treaty  of  arbitration  is  so  extreme!}'  plain 
in  this  respect  that  the  division  attempted  by  Nicaragua  can- 
not be  satisfactorily  explained.  But,  whether  explained  or  not, 
the  fact  is  that  it  cannot  be  allowed,  because  Nicaragua  Mnxild 
then  enjoy,  in  the  present  discussion,  an  undue  advantage  over 
Costa  Rica,  by  being  permitted  to  make  her  argument  and 
exhibit  her  documents,  at  such  time  before  tlie  detiision  as 
might  be  suitable  to  lier  purposes,  while  Costa  Rica  would  be 
deprived  of  the  right  of  reading  and  refuting,  at  the  time 
provided  for  by  the  treaty,  the  arguments  and  proofs  of  her 
opponent. 

The  treaty  of  arl)itration  plainly  states  that  the  tirst  period 
of  the  del)ate,  and  no  other,  is  the  one  wherein  the  briefs  and 
evidence  of  either  party  should  l)e  tiled.  Neither  of  them  can 
pretend  to  enjoy  other  and  different  opportunities,  in  regard  to 
time,  or  otherwise,  as  are  granted  l)y  the  treaty. 

The  Government  of  Costa  Rica  has  never  enicrtaincd  any 
doubt  as  to  the  constru<-tion  to  be  [)la('f  <1  upon  the  treaty  of 
limits,  the  language  of  which  seems  to  I.  and  to  everybody 
else  not  prejudiced,  to  be  perfectly  phiin.  And  yet,  acting 
with  that  sincerity  which  becomes  a  controversy  of  this  kind, 
it  has  not  hesitated  \<<  frankly  expi-ess  its  own  o|>iiii(in  upon  all 
the  rpu'stions  whi(;li  tlie  Government  of  Nicaragua  propounded. 

l>ut  the  Nicaraguan  (Tovernment,  after  pi-esenting  the  strange 
<l(»ubts  wliicli  1  ccnrred  to  it,  and  rornnilating  tlieni  by  means  of 
extremely  brie  i'  jtropositiotis  ditlicult  to  understand,  instead  of 
cvplainitig  them  as  frankly  and  extensively  as  required,  within 
tlie  time  in  which  Hiich  a  thing  was  possible,  now  comes  and  says 


that  it  will  enter  into  such  explanations  afterwards,  at  such  mo- 
ment as  may  be  pleasinf^  to  it,  or  suitable  to  its  purposes. 

The  Government  of  Costa  Rica  refuses  its  assent  to  any 
change  or  alteration  in  this  way  by  the  Nicaraguan  Govern- 
ment of  the  provisions  of  the  treaty  of  Guatemala. 

I  must  say,  also,  a  few  words  in  regard  to  another  point, 
of  no  less  importance,  referring  to  the  distinction  necessarily 
to  be  made  between  the  questions  wliich  are  the  exclusive 
subject  of  the  present  arbitration  and  another  different  ques- 
tion which  may  eventually  arise  hereafter.  The  questions 
submitted  to  the  present  arbitration  arc,  in  substance,  whether 
THE  treaty  of  April  15,  1858,  is  or  is  not  valid,  and  what  is 
the  construction  to  be  placed  upon  some  of  its  provisions  ?  The 
other  question — an  essentially  different  one, — not  actual,  but 
potential  or  eventual, — which  will  never  arise  except  in  case 
that  the  treaty  of  1858  is  adjudged  void, — which  is  not,  by  any 
means,  before  the  Arl-itrator, — and  which,  if  it  ever  comes  up, 
will  come  up  in  a  forui  and  on  terms  not  yet  agreed  upon  by 
the  two  Ilepubli(!s, — is  to  find  out  which  were  the  respective 
territorial  liviits  of  the  tivo  countries p)'^ior  to  1858. 

In  other  words,  the  question  now  under  discussion  is  not 
"  WHICH  were  the  territorial  limits  of  Costa  Rica  and  Nic- 
aragua prior  to  1858  V  but  simplj^  to  determine  the  validity 
or  invalidity  of  the  treaty  concluded  on  the  15th  of  April, 
1858,  for  the  purpose  of  fixing  the  frontier  between  the  two 
Republics. 

Wliatever  has  been  said,  or  may  be  said,  by  eitlier  party 
in  regard  to  limits  prior  to  1858  has  to  be  considered  only 
as  historical  illustrations,  but  never  as  a  matter  of  direct,  im- 
mediate, and  actual  concern. 

No  opportunity  exists  at  present  to  pass  judgment  upon  tlie 
strength  and  efficiency  of  the  Royal  Ordinances  and  Letters- 
Patent  of  the  Crown  of  Spain,  speaking  of  limits  between 
Costa  Rica  and  Nicaragua,  or  to  decide  the  questions  of  pub- 
lic law  arising  out  of  the  incorporation  of  Nicoya  into  Costa 
Rica,  in  1824,  approved  by  the  Federal  Power  and  accepted 
by  Nicaragua  by  her  first  Constitution. 


Those  matters  will  be  amply  discussed  at  the  proper  time, 
if  the  opportunity  to  do  so  should  ever  pi-esent  itself ;  and 
then  both  Governments  shall  tile  such  documents  as  may  sup- 
port, respectively,  their  different  conclusions. 

To  decide  the  question  of  the  day,  the  only  one  before  the 
Arbitrator,  as  Nicaragua  pretends,  upon  bases  whi(?h  cannot 
be  estal>lislied  solidly  without  a  previous  and  thorough  knowl- 
edge of  tlic  ancient  limits,  would  be  to  answer  in  advance  a 
question  wliich  has  not  been  submitted,  nor  presented  or  de- 
bated. It  would  be  to  prejudge  tiie  question  without  sutti- 
cient  knowledge  of  the  subject.  It  would  be  to  involve,  at 
the  risk  of  nullity,  things  which  the  parties  to  the  arbitra- 
tion themselves  distinctly  separated  in  the  treaty  signed  by 
them  at  Guatemala. 

The  Government  of  Costa  Rica  entertains  the  firm  confi- 
dence that  neitlier  the  tendency  shown  by  the  argument  of 
Nicaragua  to  involve  and  confuse  those  questions  will  find 
any  encouragement  in  tlie  i-ighteous  and  enlightened  mind  t)f 
the  Arbitrator,  nor  that  Costa  llica  will  be  refused  full  defense 
of  her  rights,  and  absolute  and  strict  equality  with  Nicaragua. 


PART  FIRST." 


PART  FIRST. 

HISTORICAL  ANTECEDENTS. 


Chaptek    I. 

LIMITS  OF  THE  ANCIENT  PROVINCE  OF  NICAEAGUA. 

The  present  chapter,  as  well  as  the  one  following,  in  hoth 
of  which  the  frontiers  of  Costa  Rica  and  Nicaragna,  prior  to 
the  treaty  of  April  15,  1858,  are  defined,  might,  without  any 
impropriety,  he  eliminated  from  the  present  reply,  hecanse,  as 
it  has  l)een  said  in  the  introduction,  such  is  not  the  suhject  of 
this  controversy.  But  wishing,  on  the  one  hand,  not  to  leave 
any  portion  of  the  argument  of  Nicaragua  unanswered,  and 
thinking,  on  the  other  hand,  that  it  is  in  tlie  interest  of  Costa 
Rica  to  show  that  the  treaty  of  1858,  far  from  enlarging  her 
territorial  rights,  actually  abridged  them,  it  has  been  deemed 
necessary  to  devote  a  portion  of  this  paper,  as  was  done  in  the 
former  one,  to  some  historical  considerations,  which,  although 
relatmg  to  matters  not  the  subject  of  the  arbitration,  are,  nev- 
ertheless, conducive,  as  it  cannot  be  doubted,  to  the  illustration 
of  the  question  at  issue. 

The  defense  of  Nicaragua  has  confused  two  questions  which 
the  treaty  of  arbitration  distinguished  with  particular  clear- 
ness, and  the  interrogatory,  "  which  were  the  ancient  limits 
of  the  Province  of  Nicaragua  ? "  constitutes  a  cardinal  basis 
of  her  argument.  In  answer  to  that  interrogatory  she  has 
confiiied  herself  to  simple  assertions,  supported  only  by  incom- 
plete and  extremely  compendious  quotations  fi-om  several  Royal 
Ordinances  and  from  different  writers;  l)ut  no  document  em- 
anating from  the  sovereign  has  been  filed  which  shows  what 
the  limits  were  during  the  Spanish  rule. 


10 

It  is  asserted  by  the  defense  of  Nicaragua  that  the  Desa- 
guadero  or  San  Jnun  river  belonged  ab  initio  to  that  Eepnblic  : 
but  this  assertion  is  not  correct,  either  legally  or  historically. 
Before  refuting  it,  I  must,  however,  be  allowed  to  call  attention 
to  the  change  of  basis  which  is  noticed  in  that  defense. 

When  Senores  Don  Tomas  Ayon  and  Don  Anselrao  H. 
Rivas,  Ex-Secretaries  of  Foreign  Relations  of  Nicaragua,  spoke 
for  that  Republic  and  defended  her,  the  Desaguadero  and  the 
San  Juan  river  were  not  oni'  and  the  same  thing;  and  the  San 
Juan  river  had  no  more  than  one  mouth  ;  and  the  Desaguadero 
was  situated  in  the  Matina  valley  far  south  of  the  Colorado 
river.  ^ 

Now  that  the  defense  of  Nicaragua  is  entrusted  to  other  hands, 
the  Desaguadero  is  the  same  as  the  San  Juan  river  ;  it  has  not 
one  but  three  mouths  ;  and  the  frontier  of  Costa  Rica  is  not 
to  be  found  in  the  Matina  valley,  l)ut  on  tlie  right  bank  of  the 
moutli  of  the  Colorado  river.- 

Such  variety  and  indecision  in  regard  to  such  a  capital  point 
plainly  reveal  that  Costa  Rica  has  alwa^'s  had  reason  on  her  side ; 
and  tliat  Nicaragua,  ranch  against  her  will,  sees  herself  com- 
pelled now  to  acknowledge  it,  at  least,  by  plainly  confessing  that 
their  Secretaries  of  State  who  shouldered  the  burden  and  re- 
sponsil)ility  of  e.\pt)unding  and  defending  her  rights,  commit- 
ted an  ei'ivtr. 

The  truth  is  that  the  Desaguadero  is  the  same  as  the  San 
Juan  i-iver,  and  that,  although  the  waters  of  this  stream  have 
several  outlets  into  the  Atlantic,  the  historical  and  commer- 
cial mouth  pai'  excellence^  the  one  recognized  by  the  discover- 
ers of  the  river,  fortified  during  the  colonial  regime,  the 
thoroughfare  of  trallic;  in  the  last  years  of  that  period,  the 
vehicle  of  (Central  American  conunerce  from  the  Independence 
up  to  some  years  sul»se(pient  to  the  treaty  of  1858,  when  the 
pf)rt  of  San  Juan  became  deteriorated,  was  always  the  mouth 


'  Suo  paj^cs  40  ftnd  41,  ArRUinenl  of  Costa  Rica. 
'■■Argutufnt  of  Nicurugua. 


11 

of  the  northei'u  branch  of  the  river,  the  one  properly  named 
San  Jnan  or  Desagnadero,  denominations  which  were  never 
given  either  to  the  Tani-e  or  the  Colorado  rivers,  known,  both 
of  them,  in  tliis  ccntnry,  as  they  were  in  the  two  preceding, 
by  their  own  special  names. 

The  San  Juan  rii'er  helonged  ab  initio  to  Yeragua  and  not 
to  Nicaragua,  hut  afterwards  it  was  common  to  loth  Prov- 
inces. 

Had  tlie  King  of  Spain  wished  that  Costa  Rica  should  en- 
joy the  San  Jnan  I'iver,  he  would  have  forbidden  her  to  navi- 
gate it  in  the  navigable  portion  thereof,  would  have  eliminated 
it  from  her  jui-isdi(;tion,  and  would  have  adjudicated  it  to  Nic- 
aragua to  the  exclusion  of  Costa  Kica.  But  he  did  exactly  the 
contrary,  and  the  title  in  wliich  Charles  Y  mentioned  the  De- 
sagnadero as  being  within  the  limits  of  Cartago,  or  Costa  Kica, 
is  precisely  tlie  one  in  wliicli,  for  the  first  time,  Nicaragua  was 
given  a  right  in  the  upper  part  of  that  sti-eam.  So  it  is,  that 
closely  following  the  language  of  the  laws,  or  Royal  Ordi- 
nances, of  Emperor  Chai'les  V,  and  placing  upon  them  the 
right  construction,  the  territory  of  the  lower  part  of  the  San 
Juan  i-iver  belonged  to  Costa  Rica,  and  tlie  navigation  of  it 
and  of  the  Lake  was  common  to  Costa  Rica  and  Nicaragua. 
That  community  existed  in  law  and  in  fact  under  the  Govern- 
ment of  the  Federal  Republic  of  Central  America,  and  subse- 
quent to  it,  also,  when  Nicaragua  and  Costa  Rica  organized 
themselves  as  independent  Republics.  It  lasted  until  April  15, 
1858,  in  which  Costa  Rica  deemed  it  advisable  to  renounce  a 
portion  of  her  rights  in  favor  of  Nicaragua. 

In  proof  of  these  assertions  Costa  Rica  exhibits  the  statutes 
which  fixed  her  territorial  demarcation,  and  are  clear  and  pre- 
cise and  emanate  from  the  sovereign  power.  She  also  cites 
authorities  of  other  kinds,  as  geographers  and  historians,  but 
only  when  they  corroborate  or  illustrate  tiic  legal  provisions, 
not  when  they  are  in  opposition  to  them,  or  contradict  them 
without  foundation,  or  err  to  the  extreme  of  assertino-  one  thins 
in  one  page  and  denj'ing  it  in  another.    Costa  Rica  rejects  the 


12 

authority  of  the  celebrated  historian  Antonio  de  Ilerrera,  when 
that  writer  is  found  in  palpable  and  nnjustitial>le  contradiction 
with  a  Royal  Ordinance.  With  much  more  reason  she  refuses 
to  grive  credit  to  the  assertions  of  Senor  Don  Tomas  Avon 
when  they  are  not  duly  backed  by  authentic  documents  of  as 
high  authority  as  is  required,  for  Senor  Ayon's  citations  are 
incomplete,  and  his  historical  work  abounds  in  material  errors 
and  inexplicable  oversights. 

Costa  Rica  pays  respect  to  the  law,  to  the  law  alone,  and 
exhibits  the  text  thereof,  which  is  her  title;  while  Nicaragua 
exhibits  no  title,  and  confines  herself  in  her  argument  to  cite 
such  fragments  from  the  titles  of  Costa  Rica  as  she  deems 
favorable  to  her  pretension. 

No  one  knows,  therefore,  what  are  the  titles  which  Nicaragua 
has  invoked  for  more  than  half  a  century ;  and  we  are  forced 
to  fill,  to  a  certain  extent,  the  void  which  she  has  left  in  her 
argument. 

Gil  Gimzalez  Davila  discovered  Nicaragua  and  made  his 
first  exploration  between  January,  1522,  and  May,  1523.  lie 
started  from  Panam;i  on  January  15,  1522,  and  returned  in 
June,  1523.  But  as  soon  as  Pedrarias  Davila  knew  of  his  dis- 
covery he  wanted  to  appropriate  to  himself  the  fruits  thereof, 
and  began  to  persecute  Gil  Gonzalez,  who  succeeded,  however, 
in  plairing  himself  in  safety  i>y  sailing  to  San  Domingo. 

Pedrarias  commissioned  Francisco  Hernandez  de  Cc^rdoba, 
the  (Ja])tain  of  his  Guard,  f(.>r  the  concpiest  of  the  country 
discovered  by  Gil  Gonzalez  to  ike  loest  of  Paihaiiii  nji  the 
Southern  Se<i.  Cordoba  landed  on  the  eastern  shore  of  the 
Gulf  of  Orotiiui,  or  Nico^-a,  and  founded  the  town  of  Bruse- 
las  in  the  early  part  of  1524.  He  proceeded  in  his  voyage 
towards  the  Province  of  Ni('aragua,  and  he  succeeded  so  well 
that  on  May  1,  1524,  he  had  reached  the  vicinity  «)f  Chinan- 
dega,  where  he  distributed  the  Iiooty  and  granted  "  encomien- 
das,"  or  rcipart  iiiiiciitncs  of  Indians  to  liis  companions,  not, 
however,  without  lirst  aj)jiortioning  more  than  one  thousand 
of  the  bume   Indians  to  his  chief  Pedrarias,  at  the  place   of 


13 

Los  Desollados.  It  was  in  the  same  year  tliat  he  founded  the 
cities  of  Leon  and  Granada,  and  sent  Hernando  de  Soto  to 
explore  the  country  in  the  direction  of  Honduras. 

\\\  1525  he  fortified  liimself  at  Granada,  and  relyinj^  upon 
the  eventual  support  of  Cortes,  who  was  then  at  Honduras,  re- 
helled  against  the  authority  of  Pedrarias,  who,  being  informed 
by  Hernando  de  Soto  of  the  defection  of  his  lieutenant,  left 
Tanama  in  January,  1526,  and  went  to  punish  him,  as  he  did 
in  tlie  middle  of  that  year,  by  causing  him  to  be  tried  and  put 
to  death  at  the  public  square  of  Leon. 

Absoldte  master  of  Nicaragua,  but  deprived  of  the  Govern- 
ment of  Castilla  del  Oro,  Pedrarias  succeeded  in  being  appointed 
Governor  and  Captain-General  of  Nicaragua.  His  commis- 
sion, which  was  issued  on  June  1,  1527,  is  at  the  same  time 
the  title  or  charter  of  the  Province  of  Nicaragua,  then  created 
by  it  as  a  dominion  of  the  Spanish  crown. 

Emperor  Charles  V  did  not  define  the  precise  boundaries  of 
the  new  Province,  which,  as  the  Royal  Patent  reads,  com- 
prised 

"  the  lands  and  provinces  of  the  Soutli  Sea  coast,  towards 
the  west,  discovered  and  conquered  by  Francisco  Hernandez  de 
Cordoba,  who,  under  your  commission,  settled  in  the  Province 
of  Nicai'agua." 

Said  Poyal  Patent  further  reads : 

"  It  is  our  mercy  and  will,  that  you,  Pedrarias  Davila, 
during  our  pleasure,  be  invested  with  the  Governorship  and  Cap- 
taincy-General of  said  lands  and  Provinces  of  Nicaragua."  ^ 

In  subsequent  royal  ordinances  and  commissions,  such  as 
the  one  issued  at  Toledo  on  May  4,  1534,  in  favor  of  Rodrigo 
de  Contreras,  in  which  tliis  Governor  was  vested  with  the 
same  faculties  as  Pedrarias,  no  demar<;ation  is  made  of 
the  territory  of  Nicaragua;-  but  from  the  commission  of 
Pedrarias  and  the  royal  ordinance  of   April  21,  1529,  it  can 


'Torres  de  Mendoza.     Coleccion  de  documentos  ineditos,  vol.  xl,  p.  252, 
where  the  comniisbion  is  found  in  extenso. 
^Torres  de  Mendoza.     ColecciOn,  vol.  XLI,  page  521. 


14 

be  seen  that  the  authoritv  of  the  Governors  Avas  to  be  exer- 
cised over  the  land  conquered  by  Hernandez  de  Cordoba,  from 
the  town  of  Brnselas  and  the  territory  atljacent  thereto,  to  the 
Honduras  boundary.  As  has  been  said  in  the  argument  of 
Costa  Rica,  page  22,  this  territorial  jurisdiction  was  gradually 
diminished  by  the  ci-eation  of  the  new  Provinces  of  Cartago, 
or  Costa  Rica,  and  Nicoya,  on  the  side  of  the  Southern  Sea. 
There  is  not  a  single  commission,  a  single  royal  ordinance, 
extending  tiie  jurisdiction  of  jS'icaragua,  during  the  XVIth 
century,  to  the  coast  of  the  Atlantic  Ocean,  and  Herrera  is 
the  tirst  one  who,  at  the  end  of  the  said  century,  spoke  of  said 
coasts  as  belonginnr  to  her. 

A  historical  error  is  committed  by  saying  that  Columbus 
discovered  Nicarajjua  in  1502  when  he  travelled  alono-  the 
coast  from  Cape  Gracias  a  Dios  to  Cariay  or  to  the  San  Juan 
river.  In  doing  this  he  did  not  reach  Nicaragua,  nor  New 
Granada^  either,  but  he  only  went  along  the  coast  of  Veragua. 
That  coast  was  after\vards  a  part  of  Costa  Rica,  and  lately  of 
Nicaragua. 

The  demonstration  of  thi>  truth  is  simple.  Twenty  years  be- 
fore the  discovery  of  Nicaragua  those  coasts  were  known  by  the 
name  of  Veragua,  from  Cape  Camaron  to  the  Gulf  of  Darien  or 
Uraba.  When,  in  1509,  the  Catholic  King  gave  the'Government 
of  Veragua  to  Diego  de  Nicuesa,  the  limits  assigned  to  that  com- 
mand were  from  Cape  Gracias  ;i  Dios  to  the  Gulf  of  Ural)a,  com- 
prising all  the  present  coasts  of  Nittaragua,  Costa  Rica,  and  Pan- 
am;'i.  The  Mosquito  coast  was,  therefore,  a  part  of  Veragua;  and 
the  San  .luan  river  or  Desaguadero  ran  unknown  through  the 
middle  of  that  Province  of  Verairna.-' 


'In  his  history  of  the  Jesuits  in  New  (Jranathi  (Ili'sloria  dr  los  JcituitaH  ett, 
Suent  (tritiiii(lii),  chiip.  I,  the  C<>loiiil)ian  vvrilcr,  Don  Jose  Jonqiiin  IJonla, 
says  that  Coiumhiis  (liscovorcil  New  (Jianaila  wIkmi  lie  saw  Cape  Gracias  a 
Dios  at  a  tlistanee.  Sifior  Ayiui  is  liislorically  wronir  in  saying  lliat  ('nlvun- 
bus  (liseovered  Ni(;araj^ua,  altiion^'li  (;ai)e  (Jracias  a  Dios  is  now  a  part  of 
that  Ilopiihlic. 

^  Navahkktk.      Colircimi  ■!<•  Iok  \iiijrs,  dr,. 

TollUKH  DK  MkNDOZA.       VIiC  all pnt . 


15 

On  Dec.  24,  1534,  seven  years  after  Nicaragua  was  raised 
to  tlie  rank  of  a  Governorship  and  Captaincy-General,  Em- 
peror Charles  V  appointed  Felipe  Gutierrez  to  be  Governor  of 
Veragiia,  and  the  limits  of  his  teri'itorial  jurisdiction  were  from 
Cape  Gracias  a  Dios  to  the  boundary  of  Castilla  del  Oro. 

In  1534  the  Desaguadero  was  known  to  exist ;  but  neither  it, 
nor  the  territory  through  which  it  flowed,  were  reserved  for  Nic- 
aragua, that  river  continuing,  therefore,  to  run  entirely  in  the 
Province  of  Veragua. 

In  1539  Captains  Calero  and  Machuca  explored  its  course  and 
passed  out  through  it  to  the  Northern  Sea  ;  and,  although  the}'^ 
fitted  out  their  expedition  at  Granada  under  the  auspices  of 
Rodrigo  de  Contreras,  they  did  not  think  to  have  discovered 
any  unexplored  part  of  the  Government  of  Nicaragua,  but  an 
entirely  new  province,  the  Governorship  of  which  they  proposed 
to  ask  for  Machuca.  But  before  thej'  had  an  opportunity  to  ad- 
dress the  King,  Doctor  Robles,  a  justice  of  the  recently  estab- 
lished Audiencia  of  Panama,  under  whose  jurisdiction  Nicara- 
gua fell,  gave  commission  to  his  son-in-law,  Hernan  Sanchez  de 
Badajoz,  to  conquer  Costa  Rica, //'o;/i  the  lindts  of  the  Duke- 
dom of  Yerayua  uj)  to  Honduras,  thus  including  El  Desagua- 
dero, in  the  Province  of  Costa  Rica.  The  Audiencia  directed 
the  Governor  of  Nicaragua  to  abstain  from  interfering  in  any 
manner  with  the  said  Province  of  Costa  Rica,  which  was  un- 
der another  name,  the  same  Government  of  Yeragua^  vacant 
by  the  failure  of  the  expedition  of  Felipe  Gutierrez  and  his 
flight  into  Peru. 

The  Governor  of  Nicaragua,  feigning  to  be  ignorant  that  the 
coast  of  the  Caribbean  Sea  did  not  fall  under  his  jurisdiction, 
paid  no  attention  to  the  injunction  of  the  Audiencia  of  Panama, 
and,  fitting  out  an  expedition  under  his  own  command  against 

Washington  Irving.     Companions  of  Columbus. 

Sir  Arthur  Helps.  The  Spanish  Conquest  of  America,  vol.  I,  page 
398  (with  a  map). 

Justin  Winsor.  A  Narrative  and  Critical  History  of  America,  vol.  H 
(with  maps),  ifcc,  Ac.    Boston.    188(5. 

'Peralta.     Costa  Mica,  Nicaragua,  &c.,  pp.  89,  725,  747. 


16 

Hernan  Sanchez  de  Badajoz,  descended  the  Desagnadero  and 
landed  at  Tariaca,  now  Talainanca  (Costa  Rica),  where  he 
arrested  Badajoz  and  sent  him  as  a  prisoner  to  Spain, 

In  the  eyes  of  the  King,  both  Badajoz  and  Governor  Con- 
treras  were  guilty  of  usurpation,  because  neitlier  of  tliein  had  a 
direct  connnission  from  His  Majesty  to  interfere  with  tlie  gov- 
ernment of  Yeragua,  the  appointment  of  whose  superior  au- 
thority depended  exclusively  upon  the  Crown,  "  because  this 
is  a  matter  which  has  to  be  treated  only  with  our  Royal  Per- 
son and  in  our  Council  for  the  Indies.""' 

The  King  disapproved  the  appointnient  of  Badajoz,  made  by 
the  Audiencia  of  Panama,  and,  by  articles  of  agreement  with 
Diego  Gutierrez,  of  November  29,  1540,  entrusted  to  the  lat- 
ter the  government  of  Veragua  on  the  same  terms  as  it  had 
been  done  with  his  brother  and  predecessor,  Felipe  Gutierrez. 
Veragua  was  given  new  limits,  and  named  Cartago. 

Those  limits  were  fi-om  Rio  Grande  (River  Aguan)  and 
Cape  Caniaron  to  the  Zaral)aro  Bay,  comprising  the  Mosquito 
coast  and  the  interior  land,  including  the  Desaguadcro,  to 
within  fifteen  leagues  of  the  Lake  of  Nicaragua. 

The  King,  by  ordinance  dated  at  Talavera  on  January  11, 
1541,  directed  the  Governor  of  Nicaragua,  and  all  other  au- 
thorities of  the  Indies,  "  not  to  meddle  or  intrude  in  the  lim- 
its of  the  Government  of  Cartago  ;''-  but  Rodrigo  de  Contre- 
ras  did  not  give  up,  and  l)rought  suit  against  Diego  Gutierrez 
before  the  Council  of  the  Indies,  asking  for  liimself  alone  the 
territory  of  El  Desaguadero. 

The  Council  decreed,  in  the  last  resort,  what  has  been  said, 
that  is,  that  Gutierrez,  by  virtue  of  tlie  agreement  entered  into 
with  liim,  had  tlic  I'ight  t<t  pass  through  the  mouth  of  El  De- 
saguadero, on   the  Moitbciii   ISea,  and  settle  and  allot  rcparti- 

'  Liiicrs  (if  the  Council  of  tlic  Imlics  to  Doctor  Kohli's,  Associate  Justice 
of  I'liiiiiiini,  Mudrid,  April  '2\,  lo-lO. 

Kkiinandkz.  CoUccii'm  de  Documodos  pain  la  historia  dc  Coda  Rica,  Vol. 
iv,  p.  7(1. 

'KKUNANnKZ.     I  bid  nil,  page  102. 


17 

mientoes  on  both  banks  of  that  river  up  to  within  fifteen  leagues 
of  the  lake.     (See  argument  of  Costa  llica,  p.  32). 

The  Desaguadero  was,  therefore,  an  integral  part  of  the  Gov- 
ernment of  Cartago. 

Diego  Gutierrez  made  the  Desaguadero  the  starting-point 
or  c-entre  of  his  expeditions.  P^roni  tliere  he  went  up  as  far 
as  Granada  in  searcii  of  people  and  provisions  ;  and  from 
there  he  started  for  all  the  other  places  where  he  intended  to 
estfiblish  colonies.  In  use  of  his  faculties  he  appointed  Fran- 
cisco Oalado  Lieutenant  Governor  of  El  Desaguadero,  and 
caused  him  to  act  at  the  same  time  as  Treasurer  of  the  Govern- 
ment.^ 

Upon  the  death  nf  Gutierrez,  which  took  place  in  the  latter 
part  of  1544,  the  Audiencia  of  Los  Confines  i-ecommended  the 
Council  of  tiie  Indies  to  accede  to  the  petition  of  Machuca,  who 
wanted  to  be  appointed  Governor  of  El  Desaguadero,  or  Costa 
Rica,  which  he  had  discovered  ;  and  the  Bishop  of  Nicaragua 
made  the  same  recommendation  in  favor  of  Alonso  Calero. 
But  as  the  son  of  Diego  Gutierrez  liad  the  right  to  succeed 
his  father  in  the  Government  of  Cartago,  and,  by  virtue  of  his 
faculties,  had  assigned  and  transferred  his  riglits  to  Juan  Perez 
de  Cal)rera,  the  latter,  on  Fel>ruarj  22,  1549,  obtained  Royal 
letters  investing  liim  with  the  same  riglit  that  Gutierrez  had. 
Cabrera  could  not,  however,  owing  to  the  opposition  of  the 
Audiencia  of  Los  Confines,  accomplish  the  conquest  of  Car- 
tago ;  and  in  1552  he  obtained,  in  compensation  thereof,  the 
Government  of  Honduras. 

During  the  time  intervening  between  the  death  of  Gutierrez 
and  the  expedition  of  Licentiate  Cavallon  to  Costa  Rica,  in  1560, 
grave  events  took  place  in  the  other  provinces  of  the  Audiencia 
of  Los  Confines. 

The  tyranny  of  Rodrigo  de  Contreras  was  repressed  in  part  by 
the  Audiencia.     He  was  put  on  trial  and  compelled  to  go  to  the 


'Royal  Letter  of  the  Prince  Governor  (Philip  II)  to  Diego  Gutierrez. 
Peralta.    Costa  Rica,  Nicaragua,  &c.,  page  185. 

Benzoni:  History  of  the  New  World,  Hakluyt  Society,  London,  page  140. 
2 


18 

Court  to  answer  the  grave  charges  preferred  against  him.  The 
King  heard  the  petitions  of  the  Audiencia  and  Bishop  Valdi- 
vieso,  and  the  earnest  request  of  Las  Casas,  and  snatt-hed  the 
Province  of  Nicoya  from  the  rapacity  of  the  successors  of  Pe- 
drarias  Davila,  who  had  kept  it  as  a  personal  "  encomienda." 
Nicoya  was  made  a  Corregidorship  (Corregimiento),  to  he  pro- 
vided for  by  the  royal  crown  ;  and  the  Audiencia  of  Los 
Confines,  or  Guatemala,  appointed  the  Corregidor  thereof  only 
temporarily  until  the  King  should  act. 

The  reforms  introduced  by  the  Audiencia  met  with  such  a 
bad  reception  on  the  part  of  the  Contreras.  and  so  great  was 
the  anger  caused  on  them  by  the  loss  of  such  a  profitable  "  enco- 
mienda  "  as  that  of  Nicoya,  that  they  raised  up  in  ai-ms  against 
the  authority  of  the  King.  Hernando  de  Contreras,  the  son 
of  the  Governor  of  Nicaragua,  killed,  with  his  own  hands. 
Bishop  Yaldivieso ;  and  his  partisans,  after  this  crime  was  ac- 
complished, cried  aloud  in  the  streets,  lAherty  !  hng  live  Prince 
ContreraK  ! 

The  Contreras,  iiowever,  expiated  their  folly  witli  their 
lives. 

The  Governorship  and  Captaincy-General  of  Nicaragua  was 
abolished,  and  Nicaragua  became  reduced  to  the  rank  of  an 
"Alcaldia  ^fayor,''  whose  head  was  sometimes  appointed  by 
the  crown  but  oftcner  by  the  Audiencia  of  Guatemala.  The 
creation  of  Nicoya  as  a  "  Corregimiento  "  was  contemporary 
with  the  aliove  said  reduction  of  Nicai-agua. 

Nicaragua  had  to  suffer  again  by  a  new  i-evolt  in  1554,  niid 
for  eight  years  she  bore  tlie  burden  of  ten  "Alcaldes  Mayores." 

In  the  meantime  the  Province  of  Cartago  remained  without 
a -Governor ;  and  the  King,  u]>on  information  of  this  fact, 
issued  at  Toledo  the  ordinances  of  December  Ki,  1559, 
and  February  215,  15G0,  autliori/ing  and  instructing  Licentiate 
Alonso  Ortiz  de  Elgueta  to  concjucr  atid  peojile  New  Cartago, 
or  Cobta  Kica,  situated  witliiii  the  limits  murkcd  in  the  com- 
rnihsion  of  hicgo  (iuticnc/  l)et\veen  iloiiduras  and  Nicaragiia, 
roiiipri-iiig  tlic  Desaguadcro   and    the  whole   l;md   from  sea   to 


19 

sea,  as  far  as  tlie  jurisdiction  of  Tierra  Firme  on  the  side  of 
Notnl)re  de  Dios  and  Panama. 

The  King  revoked  the  antliority  given  Ortiz  on  Februarys, 
15fil,  before  the  latter  left  Spain,  and  directed  the  Audiencia 
of  Guatemala  to  entrust  the  conquest  of  Cartago  to  Licentiate 
Cavallon,  with  the  same  powers  as  had  been  given  to  Ortiz. 
To  facilitate  his  action  Licentiate  Cavallon  had  to  l)e  appointed 
Alcalde  Major  of  Nicaragua.  (Argument  of  Costa  Rica, 
page  33). 

Juan  Vazquez  de  Coronado  succeeded  Licentiate  Cavallon  as 
Alcalde  Mayor  of  Nicaragua  and  Costa  Rica.  He  made  a 
general  exploration  of  the  country  east  of  the  Gulf  of  Nicoya 
and  sent  Captain  Francisco  de  Marmolejo  to  tiie  southern 
shores  of  the  Lake  of  Ni(;aragua  and  of  the  Desaguadero,  in- 
habited by  the  Catapas,  Tices,  and  Votos  Indians,  shores  whicji 
Vazquez  included  in  the  Province  of  Costa  Rica,  although  he 
was  the  Alcalde  Mayor  of  Nicaragua. 

The  successors  of  Vazquez  de  Coronado,  down  to  Diego  de 
Artieda,  exercised  jui'isdiction  over  the  same  territorj',  according 
to  the  Royal  Ordinances  and  letters-patent  of  November  29, 
1540,  May  6,  15-41,  February  22,  154-9,  December  13,  1559, 
January  30,  February  23,  and  July  18,  1560,  February  5  and 
May  17,  1561,  April  2,  1562,  April  8  and  August  7,  1565. i 

These  oi-dinances,  enacted  by  the  King  of  Spain  upon  con- 
sultation with  the  Council  of  the  Indies,  were  tiie  supreme  law 
of  the  Monarchy  in  America  ;  they  all  refer  to  one  and  the 
same  territory  ;  tliey  all  include  the  Desaguadero,  as  well  as  the 
bordering  land,  within  the  jurisdiction  of  Costa  Rica,  sul)ject, 
however,  to  the  limitations  established  b}^  the  artic-les  of  agree- 
ment of  November  29,  1540,  and  the  sentence  of  the  Council  of 
the  Indies  of  May  6, 1541,  and  they  are  the  earliest  authentic  titles 


'Peralta.  Costa  Rica,  Nicaragua  y  Panama,  dr.,  pp.  101,  113,  157,  175, 
179,  181,  182,  194,  204,  378,  387. 

Leon  Fernandez.   Coleccioii  de  Doeuvientos,  &c.,  vol.  iv,  pp.  143  aud  164. 

ToRKES  DE  Mendoza.  Coleccion  de  Docximentos  Iniditos,  vols,  xi,  xiv, 
and  xxiii. 


20 

which  the  aucient  Provinces  of  Costa  Rica  and  Nicaragua  can 
invoke  in  support  of  their  respective  territorial  rights  in  the 
region  (if  El  Desaguadero. 

A  perfect  knowledge  of  these  titles  is  indispensable  to  in- 
terpret correctly  the  articles  of  agreement  signed  at  El  Pardo 
on  December  1,  1573,  by  King  Philip  II  and  Diego  de  Ar- 
tieda,  an  instrument  which  might  be  called  the  territorial  con- 
stitution of  the  Province  of  Costa  Rica.  (Argument  of  Costa 
Rica,  p.  32). 

There  the  limits  of  Costa  Rica  are  marked,  in  the  follow- 
ing laniruage : 

"  The  Province  of  Costa  Rica  and  the  other  lands  and 
provinces  included  therein,  that  is  to  say,  from  the  North  Sea 
as  far  as  the  South  Sea  in  latitude,  and  in  longitude  from  the 
confines  of  Nicaragua  towards  Nicoy a,  straight  through  the  val- 
leys of  Chiriqni,  as  far  as  the  Province  of  Veragua,  on  the 
south  ;  and  on  tlie  north,  from  the  mouths  of  the  Desaguadero, 
towards  Nicaragua,  the  whole  territory  down  to  tlie  Province 
of  Veragua."* 

This  demarcation  reduced  the  jurisdiction  of  Costa  Rica- 
Cliarles  Y  had  extended  it  as  far  as  the  10th  degree  of  north 
latitude,  and  Philip  II  reduced  it  to  the  11th  degree.  Under 
the  former  its  northern  extremity  was  Cape  Camaron  ;  under 
the  latter  it  was  Punta  de  Castilla,  as  it  is  now. 

It  is  evident  that,  in  mentioning  the  mouths  of  the  Desagua- 
ilero^  the  instrument  does  not  simply  allude  to  the  place  wiiere 
tlic  waters  of  tiic  San  Juan  river  enn)ty  into  the  sea,  from 
where  the  (!oast  shoidd  be  followed  in  an  imaginary  line  as 
far  as  Veragua.  This  would  simply  be  to  describe  the  length  of 
the  Atlantic  littoral  of  ('osta  Rica.  But  the  articles  of  agree- 
ment  also  speak  of  extent  from  the  Northern  to  the  Southern 
Sea,  and  refer  to  all  the  land  that  is  included  between  the 
nudiths  of  the   Desaguadero  and    the    Soutlici-n   Sea.     To  go 

ir tho.-c  mouths  tow;irds  the  interior  and  liiid  the  Southern 

Sea,  it  is  nccessai-y  to  ast-cnd  the  San  .luan  river  until  Hnding 
.some  place  "  (ilre.ddy  tuki  it  "  by  the  Province  of  Nicaragua, 
•A>  Article  5  of  the  iu-tninienl  literalh    read^. 


21 

It  is  known  that  the  Nicara^iian  limit,  on  the  east  of  tlie  Lake, 
was  within  tifteen  leagues  of  the  latter,  and  did  not  comprise 
the  Mosquito  coast  or  the  mouths  of  the  Desaguadero  ;  and  no 
one  has  ever  said,  as  the  argument  of  Nicaragua  pretends,  that 
under  tlie  Artieda  title,  the  Desaguadero  is  entirely  within  the 
limits  of  Nicaragua.  Costa  Rica  maintains  precisely  the  con- 
trar3\  Nor  has  any  one  said,  except  Nicaragua,  that  El  De- 
saguadero belongs  to  Nicaragua  in  the  lohole  of  its  course,  a 
proposition  which  is  in  flagrant  contradiction  of  the  literal  lan- 
guage of  the  Royal  Ordinances  cited  in  the  former  argument 
of  Costa  Rica,  and  in  the  present  reply,  which  cannot  admit  of 
the  peculiar  construction  placed  upon  them  by  the  argument 
of  Nicaragua,  unless  by  doing  the  greatest  violence  to  gram- 
mar. 

The  Spanish  expression,  "  a  las  partes  de  Nicaragua,"  does 
not  mean  "  within  the  jurisdiction  of  Nicaragua,"'  but  "  in  the 
vicinity  of  Nicaragua,"  or  "  towards  Nicaragua,"  or  "  on  the 
side  of  Nicaragua."  A  las  partes,  hdcia,  del  lado,  of  those 
Provinces,  is  not  in  Spanish  to  be  in  them,  or  within  them,  or 
within  their  territory. 

"  The  mouths  of  the  outlet,  or  Desaguadero,  which  is  to- 
wards Nicaragua,"  does  not  mean  that  the  Desaguadero  is  in. 
Nicaragua,  or  icithin  Nicaragua,  but  merely  near,  or  on  the 
side  of,  or  in  the  direction  of,  or  tovmrds  Nicaragua.^ 

This  has  been  properly  translated  into  English,  in  the  argu- 
ment of  Costa  Rica,  '"'■  toioards  Nicaragna^''  or  as  the  Depart- 
ment of  State  did  in  Executive  Document  of  the  Senate,  No. 
50,  49th  Congress,  2d  session,  "  near  Nicai^aguaP  And  it  may 
be  translated  also  to  Nicaragua,  or  in  the  direction  of  Nic- 


'  In  reference  to  this  point  which,  on  the  other  hand  is  perfectly  plain, 
see  Syntactic  Dictionary  of  the  Spanish  language  {Dicciouario  de  Construc- 
cion  y  Regimen  de  la  Lengua  Castellana),  by  R.  J.  Cuervo,  in  verbo  "A,"  §  12, 
letter  "A."  "  Ensename,  Aurelio,  a  que  parte  le  dejaste."  Cervantes. 
Galatea  (Show  me,  Aurelius,  xohere  you  left  him).  "^  todas  paries  ve  un 
ancho  calabozo.  Jovellanos.  (He  sees  everywhere  a  broad  calabose)." 
"  Tus  abuelos  d  esta  parte  habitaban.  Reinoso  (Your  grandparents  lived 
on  this  side). 


22 

aragua  ;  but  never  /",  or  inside,  or  icithin  Nicaragua,  mean- 
ing inclusion  in  her  territory. 

That  such  an  idea  of  inclusion  is  untenable  is  shown  in  two 
ways : 

First,  because  the  boundary,  or  terminal  line,  of  Nicaragua  to- 
wards the  east,  never  reached,  before  1573,  the  mouths  of  El  De- 
saguadero ;  and  Artieda  had  authority  under  his  title  to  tal'e 
posses^iioi  in  t/te  name  of  the  King  of  whatever  was  not  al- 
ready taken  hetween  said  mouths  and  the  frontiers  of  Nicoya 
and  the  Southern  Sea. 

Second,  because  the  same  text  of  the  Royal  Grant  in  favor 
of  Artieda,  wherein  the  Spanish  adverbial  phrase  a  la  parte 
occurs — once  in  singular  with  reference  to  the  frontier  between 
Nicaragua  and  Nicoya,  and  onco  in  plural  with  reference  to 
the  location  of  El  Desaguadero — sliows  that  the  construction 
placed  upon  it  by  Nicaragua,  in  the  sense  of  inclusion,  is  ab- 
surd, bectause  the  boundary  between  Ni(;aragua  and  Nicoya 
could  not  be  inside  of  or  within  Nicaragua.  The  most  that 
can  be  said  is,  that  it  was  near  her,  or  on  her  side  ;  and  in  the 
same  way,  where  it  is  said  that  El  Desaguadero  is  a,  las  partes 
de  Nicaragua,  that  means  only  towards  or  in  the  direction  of 
Nicaragua,  but  not  icithi/i  her  territory. 

Tlie  frontier  of  Nicoya,  as  recognized  l)y  the  argnnient  of 
Nicaragua,  was  the  Del  Salto  rivor ;  and  not  the  mouth,  or  a 
single  point  thereof,  but  the  stream  itself,  which  separated 
Nicoya  from  the  territory  of  the  Chomes  Indians.  Tlie 
Artieda  agreement  does  not  mention  the  Del  Salto  river; 
but,  while  it  is  true  that  this  i-iver  was  one  of  the  boundaries 
of  the  tcn'itoi'v  of  the  new  J*rovince,  still  there  is  no  reason 
for  saying  that  the  Lake  shore  and  the  baid<s  of  the  San  Juan 
river  were  not  limits  of  Costa  Rica,  since  it  appears  that  they 
had  been  taken  possession  of  in  the  King's  name  by  Juan 
Va/.ijucz  de  Coronado,  Perafan  de  Ribera,  Don  Grcirorio  de 
Satuloval,  and  other  Governors  of  Costa  Rica. 

The  instrument  af<»resaid  a<lmits  of  no  other  construction, 
and  Nicaragua  has  not  exhibited  one  single  title  to  attenuate 
its  btrcugth. 


23 

The  assertions  of  private  writers,  and  the  contents  of  maps 
representing  the  territorial  jurisdiction  of  Nicaragua  in  a  way 
different  from  the  one  shown  by  the  titles  of  Costa  Rica,  do 
not  deserve  credit. 

This  is  the  case  with  the  quotation  from  Mr.  Squier  in  the 
argument  of  Nicaragua.  The  assertions  of  this  writer  have 
no  foundation,  either  in  law  or  in  fact,  and  the  dividing  lines 
which  he  draws  are  purely  imaginary.  The  Constitution  of 
Costa  Rica  of  1825,  to  which  he  refers,  understood  the  demar- 
cation of  Costa  Rica  to  be  the  same  as  contained  in  the  Arti 
eda  Royal  grant,  and  could  not  exclude,  nor  did  it  exclude, 
from  the  Costa  Rican  tei-ritory  the  District  of  Bagaces  and 
Las  Caiias,  situated  on  the  hanks  of  the  Del  Salto  river,  con- 
quered by  Vazquez  de  Coronado  and  subjec^ted  to  the  rule  of 
Costa  Rica  in  1562. ^ 

The  Artieda  agreement  reads  that  the  limits  of  Costa  Rica 
begin  on  the  side  of  the  Southern  Sea,  from  the  place  which 
they  call  of  the  Chomes  Indians,  from  where  the  name  of 
the  Province,  in  the  direction  of  Guatemala  {<iae  cue  d  Id  irro- 
vincia  de  Guatemala),  is  derived,  direct  through  the  valleys  of 
Chiriqui  to  the  Province  of  Veragua. 

It  is  to  l)e  noticed,  in  the  above  text,  that  the  phrase,  que 
cue  a  la  provmcia,  which  is  herein  translated,  "  in  the  di- 
rection of  Guatemala,"  was  used  only  to  mean  the  course  or 
direction,  and  not  inclusion,  since  the  Province  of  Los  Chomes 
did  not  belong  to  Guatemala,  and  was  more  than  one  hundred 
leagues  distant  from  it. 

The  Province  of  Los  Chomes  was  situated  on  the  left  bank 
of  the  Del  Salto  river,  and  extended  towards  the  interior  as  far 
as  the  source  of  the  same  river,  and  continued  towards  the  south 
alongside  the  Gulf  of  Nicoya.  It  belonged  to  Costa  Rica ;  its 
territory  is  the  same  as  belonged  to  the  ancient  Province  of 
Orotina ;  and  the  city  of  Aranjuez  was  founded  in  it  by  Pera- 
fan  de  Ribera,  Governor  of  Costa  Rica. 

'Peralta.      Costa  Rica,  Nicaragua,  <&c.,  pages  249,  401,  761,  766,  768. 


24 

The  District  of  Nicova  ran  alono;  the  right  side  of  the  Del 
Salto  river,  and  included  the  peninsula  of  the  latter  name,  ex- 
tending: itself  to  the  north  as  far  as  the  La  Flor  river  and  the 
shores  of  the  Lake  of  Nicaragua. 

It  is  true,  and  the  argument  of  Costa  Rica  has  so  asserted, 
that  Nicoya  was,  at  one  time,  attached  to  the  Government  of 
Nicaragua ;  but  it  is  also  true  that  the  royal  authority  which 
could  segregate  it,  or  constitute  it  independent,  did  so  segre- 
gate and  constitute  it. 

When  it  is  said,  in  the  Cavallon's  commission  of  "Alcalde 
Mayor  "  of  New  Cartago  (cited  in  the  argument  of  Nicara- 
gua, page  10),  that  his  territorial  jurisdiction  extended  from 
the  limits  of  the  town  of  Nicoya,  of  the  said  Province  of 
Nicaragua,  further  on,  tfec,  it  is  not  meant  that  Nicoya  was 
under  the  jurisdiction  of  Nicaragua.  This  language  was  used 
in  the  wa}'  of  an  archaism,  by  considering  Nicoya  ns  a  geo- 
graphical or  ethnological  dependency  of  Nicaragua,  as  Portu- 
gal is  of  Spain.  And  the  proof  is  that,  precisely  in  tliat  ver}^ 
year,  1561,  in  which  tlie  Audiencia  of  Guatemala  issued  Ca- 
vallon's connnission,  Nicoya  was  already  independent  from 
Nicaragua,  as  has  been  shown,  and  is  witnessed  by  the  Royal 
Ordinance  of  July  18,  1560,  and  by  tlie  letter  of  the  Audiencia 
of  Los  Confines,  to  wiiich  the  former  was  an  answer. 

The  Auilicncia  writes  from  Guatemala,  on  the  18th  of  De- 
cember, 1551),  and  uses  tliis  hiiiguage  : 

"  Tlie  Pi-ovincc  of  Veragua,  otherwise  called  Nueva  Cartago, 
is  in  tl)i^  district;  which  borders  on  the  Province  of  Nicoya, 
where  your  Majesty  has  always  one  '  Corregidor'  (Mayor),  and 
wliere,  for  the  past  two  years,  certain  neighboring  Indians, 
called  the  Chomes,  iiave  been  reduced  to  submission,'"'  &c.,  ifcc. 

The  King  .-uiswers : 

"  You  say  that  the  Province  of  Veragua,  otherwise  called 
Nueva  Cartag(»,'i8  in  your  ilistrict  and  bt>rders  on  the  Province 
of  Nicoya,  where  we  have  always  a  Corregidor.  *  *  *  J^^'oi- 
tlie  purpose  of  i)eopIing  Nicoya  and  her  neighboring  c<»untry 
we  liave  already  instructed  Licentiate  Ortiz,  our  Alcalde  Mayor 


25 

of  the  Province  of  Nicaragua,  and  given  him  tlie  proper  au- 
thority." 

It  is  evident  that,  if  Nicoya  should  have  been  witliin  tlie 
jurisdiction  of  the  Alcalde  Mayor  of  Ni(;ai-agua,  no  such  special 
authoi'ity,  as  the  one  given  Licentiate  Ortiz,  would  have  been 
required  to  govern  it.  When  Licentiate  Cavallon  came  to  re- 
place Ortiz,  the  former  had  not  under  his  charge  the  Cor- 
resiniiento  of  Nicoya  which  tlie  x\udieiicia  of  Los  Confines 
entrusted  U>  Juan  Rt)mo.  Vazquez  de  Coronado,  the  successor 
of  Cavallon,  in  addressing  the  Corregidor  of  Nicoya,  does  not 
speak  to  him  as  to  a  sul)ordinate,  but  as  to  an  equal.  ^ 

The  argument  of  Nicaragua  states  affirmatively  that  Seuor 
l^ralta  has  virtually  admitted  that  Nicoya  l)elunged  to  Nica- 
ragua, because,  in  a  note  made  by  him  in  the  text  of  the  Artieda 
agreement,  lie  says: 

"The  Province  of  Nicoya  was  finally  aggregated  to  Costa 
Eica  in  the  year  1825.'^ 

But  this  phrase  only  means  that  the  aggregation  then  made, 
had  taken  place  other  times  before,  and  was  then  made  for  the 
last  time.  And  so  it  is  that  Seiior  Peralta,  in  another  note 
made  by  him  in  the  agreement  with  Don  Fernando  de  la  Cueva 
(Costa  Rica,  Nicaragua  y  Panama,  p.  14:8),  uses  the  following 
words  : 

"  Let  it  be  noticed  tliat  by  this  agreement,  as  by  the  one  with 
Diego  de  Artieda,  Nicoya  was  subject  to  the  Governors  of  Costa 
Rica,  and  that  her  dependency  from  Nicaragua  was  scarcely 
anything  else  than  nominal.  When  it  was  not  governed  by 
'  Corregidores'  or  'Alcaldes  May  ores'  directly  dependent  upon 
the  Crown,  it  was  rather  submitted  to  Costa  Rica." 

The  Artieda  agreement  reads  as  follows  : 

''  14.  And,  whereas,  between  the  Province  of  Nicoya  and 
the  quarters  which  you  are  going  to  people,  and  where  you 
will  reside  in  the  said  Province  of  Costa  Rica  there  must  be  a 


'Pekalta.    Costa  Eicn,  Nicaragua,  cfcc,  pp.  178,  313,  221  to  224.    Letters 
uf  the  Alcalde  Ma}  or  of  Nicaragua  to  Juan  Romo,  Corregidor  of  Nicoya. 


26 

great  distance,  and  it  is  advisable  that  some  person  be  ap 
pointed  there  to  administer  our  justice  and  assist  you  in  every- 
thing necessary  or  advisable,  we  do  hereby  give  3'ou  the  neces- 
sary antliority  to  send  a  competent  person  to  the  said  Province, 
who  will  be  there  your  Lieutenant,  at  tlie  salary  of  as  man}' 
maravedises  a  year  as  have  been  paid  to  the  former  '  Corregi- 
dores'  and  '  Alcaldes  Mayores'  of  the  said  Province,"  tfec. 

The  agreement  with  Don  Fernando  de  la  Cueva,  dated  at 
Madrid  on  the  29th  of  December,  1593,  is  no  less  explicit. 
It  reads  as  follows  : 

"  Firstly.  It  is  my  will  that  you  shall  liave  tlie  Governorship 
of  tlie  said  Province  of  Costa  Rica  and  the  xVlcaldia  Mayor  of 
Nicoya  —  the  said  Governorship  for  twelve  years,  and  thK 
Alcaldia  Mayor  foi-  eight,  as  it  was  with  Diego  de  Artieda 
Cherino,"  &c.i 

If  the  Honorable  Minister  of  Nicaragua  would  have  fixetl 
his  attention  on  all  the  articles  of  tlie  Artieda  and  Don  Fer- 
nando de  la  Cueva  agreements,  especially  Article  li  of  the 
formei',  he  would  have  convinced  himself  of  the  fact  that  Ni- 
coya  and  Nicaragua  were  not  one  and  the  same  political  body 
— one  and  the  same  Province — but  two  independent  entireties, 
ae  independent  as  they  could  he,  under  the  same  Sovereign  and 
the  same  laws.  Some  i)i'anches  <»f  their  government — -.is,  for 
instance,  the  ecclesiastic  and  financial  branches — were  always 
conuiKtu,  and  the  superior  chief  was  c-ummon  to  Nicaragua, 
Costa  Rica,  and  Nicoya. 

The  argument  of  Nicaragua  also  says  that,  "according  to 
the  Ai'tieda  agreement,  the  Desaguadero  completely  falls 
within  the  limits  of  Nicaragua." 

'J'liat  was  n(»t  tlie  opinion  of  the  legislator,  riiilii)  11  bc- 
lie\ed  to  lijive  given  ( 'o>ta  Rica  as  its  limits  the  iiionf/ta  ui  the 
Desaguadero,  and  not  the  most  suuthei-n  one.  Artieda  had 
authoi-ity  fo  occupy  the  three  mouthsj  and  keep  them  under 
the  jurisdiction  id'  Costa  Kica. 


'  Pekalta.    Uhi  Hvprii,  pugos  50;i  and  Ul'J. 


27 

The  proof  that  none  of  tlie  three  mouths  of  the  Dcsagiiadero 
beh:)iiged  to  ]Sicarag;ua  is  furnished  l>y  tlie  Royal  Orciinauce  of 
Philip  II  of  Feliruary  10,  1576,  directing  the  Audiencia  of 
Guatemala  to  enter  into  an  agreement  with  Captain  Diego 
Lopez  to  conquer  and  people  the  Province  of  Taguzgalpa, 
that  is  to  say,  the  part  of  the  old  Government  of  Cartago 
which  was  not  included  within  the  limits  given  to  Artieda. 

The  Audiencia  entrusted  Licentiate  Diego  Garcia  de  Palacio, 
oue  of  its  justices  to  enter  into  an  agreemeut  in  the  luime  of 
His  Majesty  with  Diego  Lopez.  Article  1st  of  that  agree- 
ment reads  as  follows: 

"  Firstly.  His  Majesty  will  appoint  him  his  Governor  and 
Gaptain-General  for  the  said  Province,  which  is  all  the  land  in- 
cluded between  the  mouth  of  the  Desaguadero  and  the  Camaron 
Point  on  the  northern  side,  where  the  Province  of  Honduras 
begins ;  and  from  there  towards  the  interior,  the  whole  terri- 
tor}'  ending  at  what  is  now  the  limit  of  the  jurisdiction  of  the 
Province  of  Nicai-agua  and  Xueva  Segovia,  and  also  of  Hon- 
duras." ^ 

From  the  documents  and  facts  above  alluded  to  it  appears 
to  be  evident  that  in  1576  the  Province  of  Nicaragua  did  not 
exercise  any  jurisdictional  rights  over  the  mouths  of  the 
Desagiuidero,  or  over  the  coasts  on  the  Atlantic  side  ;  and 
that  consequently  the  interpretation  given  by  Nicaragua  to 
the  Artieda  agreement  is  erroneous. 

Nicaragua  never  established  any  colony  on  the  southern 
bank  of  the  San  Juan  river  which  was  never  occupied  by  her. 
On  the  northern  bank  she  founded  Jaen,  on  the  outlet  of  the 
Lake,  at  the  place  where  Fort  San  Carlos  now  stands.  The 
southern  bank  was  considered  to  belong  to  Costa  Rica,  and 
when   the   fortress,   which   is   now    called   Castillo  Viejo,   was 


"  See  Document  No.  — . 

ToRKES  DE  Mendoza.  Colec/iidn.  Vol.  xiv,  p.  528,  where  the  document 
in  extenso  is  found. 

Peralta.  El  Rio  Srtn  .fiian  de  Nicaragua  in  E.\eculive  Document  of 
the  Senate,  No.  50,  -iOlh  Congress,  2d  Session,  page  38. 


28 

built  on  the  Costa  Rican  bank  of  the  San  Juan  river,  the  one 
who  ordered  the  work  to  be  done  and  superintended  it  was  not 
the  Governor  of  Nicaragua,  but  the  Captain-General  of  Guate- 
mala, who  exercised  high  jurisdictional  rights  over  Costa 
Rica.  The  wt)i'k  was  done  at  the  expense  of  the  Treasury  of 
the  Royal  Audiencia,  and  under  the  technical  inspection  of  the 
"  Adelantado  "  of  Costa  Rica,  Don  Juan  Fernandez  de  Salinas. 

In  the  time  of  tlie  Spanish  Government  tlie  San  Juan  river 
behtugcd  as  much  to  Costa  Rica  as  to  Nicaragua;  and  the  in- 
nocent use  and  defense  thereof  against  any  foreign  enemy 
were,  respectively,  a  right  and  a  duty  of  the  two  provinces.  The 
free  navigation  and  commerce  through  that  river  was  not  an 
exclusive  favor  granted  to  Nicaragua,  but  a  benetit  bestowed 
upon  the  two  riparian  provinces,  in  ordf-r  not  to  compel  them 
to  export  their  products  hy  the  far  distant  ports  of  Omoa  and 
Trujilk)  in  Honduras. 

The  same  status  of  coinnumity  of  use  and  nationality  of  the 
San  Juan  river  was  retained  during  the  Government  of  the 
Fedoral  Republic  of  Central  America ;  and  the  illustrious 
President  ]\I(>razan  was  the  one  who,  in  the  name  of  tlie  connnon 
country,  and  not  of  Nicaragua  alone,  or  of  Costa  Rica,  wanted 
to  niake  it  serve  the  pi'ogress  of  the  world  and  tlie  common 
good  of  Centi'al  America,  by  directing,  in  1887,  John  Baily, 
an  English  engineer,  to  make  that  exploration  of  the  San  Juan 
river,  the  Lake,  and  the  Rivas  Isthmus  for  the  purposes  of 
an  interoceanic  canal,  which  became  famous.  The  Federal 
Republic  of  Central  America,  not  the  State  of  Nicaragua,  took 
stej)S  ill  ib:it  tlircclion  and  entered  into  a  favorable  contract 
with  the  iving  of  llollantl  for  the  opening  of  that  canal. 

It  was  Costa  Rica  who,  in  later  times, gave  the  mortal  blow  to 
Williaui  Walker,  by  occupying  with  her  f(»rces  the  river  banks, 
an<l  .^^ei/.iiig  the  transit  steamers  which  carried   j)rovisions  and 

'  I)fcr('t'»  <(f  llic  Ffderal  CJongress  of  Central  Americii  of  Juue  !(!,  1835, 
and  Octotier  21,  l«;jO. 
DuNi.or.      Tiaveh  m  Central  America,  London,  1847,  pp.  31  and  35. 
BiiUUiu.     \ir(ir(igiiii,  New  York,  IS.'JCJ,  vol.  ii,  pages  253,  257,  259. 


29 

reinforcements  for  that  leader.  It  was  Costa  Rica  who  cap- 
tured Castillo  Viejo  and  who  compelled  Walker  to  capitulate. 

What  moved  Costa  Rica  to  throw  herself  into  the  struggle  ? 
It  was  not  a  Quixotic  love  of  war  nor  a  vain  ambition  for 
glory.  It  was  the  common  danger,  the  defense  of  the  common 
soil,  the  powerful  feeling  of  solidarity  which  in  times  of  diffi- 
culty causes  sister  nations  to  forget  their  former  quarrels  and 
secure,  by  means  of  their  united  eftorts,  the  liberty  of  the 
common  country. 

This  community  in  danger,  and  in  the  duty  of  self-defense, 
implied  common  and  equal  rights  in  the  navigation  of  the  San 
Juan   river  which  Costa  Rica  reclaims  with  justice. 


Chapter  II. 

LIMITS  OF  COSTA  RICA. 

The  natui-al  liinits  of  Costa  Rica  are  those  of  the  nti possi- 
datis  of  1826,  from  the  month  of  the  San  Juan  river,  and  fol- 
lo\vin«5  tlie  thalweg  or  mid-channel  of  the  same,  and  continuing 
through  the  Lake  of  Nicaragua  in  a  straigh.t  line  up  to  the 
month  t»f  the  Sapoa  river  on  the  same  Lake,  to  the  mouth  of 
the  La  Flor  river  on  the  Pacific  Ocean.  This  boundary  is  the 
one  which  Mr.  S(juier  called  "  pretended  boundary  of  Costa 
Rica  in  1850."  In  the  copy  of  the  map  of  Squier  appended 
to  the  ai-gnment  of  Nicaragua  this  line  has  been  omitted. 

"  Pretended  boundary  of  Costa  Rica"  io  not  a  correct  ex- 
pression. Mr.  Squier  would  have  expressed  himself  with  much 
more  propriety  if  he  had  said  "  actual  boundary  of  Costa  Rica 
dUpittedhy  Nicaragua.''''  Nor  is  it  correct,  either,  to  state  that 
Costa  Rica,  in  1850,  preteiuJed  a  boundary,  which  ever  since 
18*25  had  been  markeil  out  bv  decree  of  the  Federal  Congress 
enacted  on  De('eml)er  9th  of  that  year.  It  is  still  less  (;ori*ect 
to  state  that  the  liinits  of  Costa  Rica  are  those  set  forth  by  her 
Constitution  of  .lainiary  21,  1825,  because  the  article  of  that 
Constitution  which  icfci-s  to  limits  (Art.  XY)  was  virtually 
reformcfl  and  amended  l)y  the  Federal  (Jotigi'ess.  Those  very 
same  linn'ts  spoken  of  as  preteiidcd  in  1850  were  the  ones  set 
forth  by  tlic  decree  of  Bases  and  (iiiarautees  of  March  8,  1841, 
and  by  the  (.'osta  Rican  (constitution  of  April  9,  1  84+,  and  by 
all  the  statut(!s  enacted  in  Costa  Rica  snbsequent  to  January 
25,  1825,  f(»r  the  orgaiii/ation  of  the  District  of  Nittoya. 
Therefore,  whatever  has  been  said  in  this  respect  by  Mr.  Sipiier 
lacks  fonndafi<»n  in  fact. 

i'rior  to  Mr.  S(|uier,  the  celebi-ated  IraAcller,  .lohii  L.  Steph- 
ens, had  IxMMi  ill  Oeiifral  Aiiierica  in  the  capacity  of  Charge 
de  AITaire^iof  (be  I'liited  States.      i  I.c  visited  ('osta  Rica  in  the 


31 

early  part  of  1840.  In  chapter  XYIII  of  his  Incidents  of 
Travel  in  Central  America,  Chiapas,  and  i^nca^aw,  expresses 
liimself  as  foHows  : 

"At  dusk  we  reached  the  river  which  runs  by  the  suburbs 
of  Giiaiiacaste,  tlie  frontier  town  of  Costa  Rica." 

Further  on  he  says  : 

"  I  did  not  wish  to  continue  on  the  direct  route  to  Nicaragua, 
but  to  go  first  to  the  port  of  San  Juan  on  the  Pacific,  the 
proposed  termination  of  the  canal  to  connect  the  Atlantic  and 
Pacific  Oceans.  The  commandant  regretted  that  I  had  not 
come  one  day  sooner.  He  mentioned  a  fact  erf  which  I  was 
aware  before,  that  Mr.  Baily,  an  English  gentleman,  had  been 
employed  by  the  Government  (of  Central-America)  to  survey 
tlie  canal  route." 

In  another  passage,  wherein  lie  refers  to  liis  remaining  on 
the  Santa  Rosa  estate,  l)elonging  to  Don  Juan  Jose  Bonilla,  a 
Costa  Rican  gentleman,  he  says : 

"  The  boundary  line  of  the  State  of  Costa  Rica  is  a  river 
(La  Flor)  in  tlie  midst  of  a  wilderness,  and  he  (Don  Juan  Jose 
Bonilla)  was  obliged  to  travel  on  horseback  to  Nicaragua 
(Rivas),  a  journey  of  four  days." 

Mr.  John  Baily.  already  named,  and  from  whom  Squier 
sometimes  quotes  [yicaragua,  Vol.  II,  page  231,  &c.,)  had  a 
perfect  knowledge  of  Central  America.  In  1823  he  translated 
into  English  the  History  of  Guatemala  by  Juarros.  .  Fifteen 
years  later  he  explored  the  line  of  the  canal  and  travelled  along 
the  whole  extent  of  the  frontier  of  Costa  Rica  and  Nicaragua. 
x\fter  residing  25  years  in  the  country,  v.hose  history,  laws,  and 
topograpliy  were  familiar  to  him,  he  pul)lished  in  London,  in 
1850,  his  book  entitled  Central  America,  with  a  map  which 
Mr.  Squier  adopted  and  corrected  in  1856,  according  to  his  own 
ideas  and  interests.  In  this  work  and  map  Baily  gives  Costa 
Rica,  as  her  limits,  from  the  mouth  of  the  La  Flor  i-iver  to  the 
mouth  of  tlie  San  Juan  river,  following  the  dividing  line  of 
the  nti  possidetis  of  1826. 

The   learned    Austrian    traveller,   C;irl    von    Scherzer,   who 


32 

risited  Central  America,  by  comtnission  of  tlie  Imperial 
Academy  of  Vienna,  at  the  same  time  as  Mr.  Sqnier,  and  in 
snbsequent  years,  says  : 

"  The  Federation  was  dissolved  in  1839,  and  since  that  time 
the  State  of  Nicaraiiua  has  been  an  independent  Republic, 
althouirh  with  uncertain  limits.  The  Province  of  Guanacaste, 
whicli  formerly  belonged  to  her,  leg-ally  incorporated  itself 
into  Costa  Rica  ;  but  the  right  to  the  southern  shore  of  the 
Lake  of  Nicaragua  and  to  the  right  bank  of  the  San  Juan 
river  remains  in  dispute,  although  de  facto  in  the  possession 
of  Costa  Rica." 

"  It  may  be  said,  under  the  present  political  condition  of 
things,  that  the  southern  frontier  of  Nicaragua  is  tlie  San  Juan 
river,  the  southern  shore  oi  the  great  lake  and  the  mountain 
which  extends  aci-oss  tlie  narrow  Isthmus  from  the  mouth  of 
the  Sapoa  river  to  the  Gulf  of  Salinas.''' 

Mr.  Bedford  Pim,  an  officer  of  the  British  Navy,  who  also 
visited  the  Republics  of  Costa  Rica  and  Nicaragua  twenty- 
seven  years  ago,  and  obtained  from  Nicaragua  a  railroad  grant, 
is  even  more  expli(jit  than  Scherzer,  and,  although  writing  after 
S(|uier,  expresses  himself  as  follows  : 

"  The  old  l>oundary,  by  charter  of  1574,  cunnnenced  at  the 
mouth  of  the  river  San  Juan,  and  extended  up  that  stream 
within  fifteen  leagues  of  the  Lake,  whence  a  line  was  drawn 
diu'  wcr,t  to  the  head-waters  of  tlie  Rio  Salto  and  down  that 
stream  to  the  Pacific.  To  the  north  and  west  of  that  bound- 
ary line  lies  the  District  of  (Tuanacaste,  which  was  annexed  to 
Costa  Rica  after  the  indepcndeiu'e  l)y  flic  fi-ee-will  of  the  in- 
habitants in  1824,  and  their  action  was  approved  l)y  the  Fed- 
eral Congress  of  Central  America  in  1825.  Guanacaste  has 
since  tlien  been  in  actual  possession  of  Costa  Rica,  and  its 
northern  boundaries  wouM,  tlu'refore,  be  those  of  Costa  Rica, 
viz.,  th(!  icmaiiiing  fifteen  hiagues  of  the  Rio  San  Juan,  and 
now  the  (Mitiic  length  of  that  stream,  thence  along  the  borders 

'SciiKHZKU.  Ti'dPch  in  the  Free  Stules  of  Centrnl  Ainerirn.  2  vols.  Lon- 
don, IH,")?.  CliaplLT  ii,  puge  25. 


of  the  Lake  to  the  Rio  Sapojl,  and   from  the  source  of  that 
stream  to  the  beautiful  harbor  of  Salinas  Bay,  on  the  Pacific."' 

The  quotations  couki  be  multiplied  ad  libitum  to  show  what, 
in  fact,  needs  no  demonstration  ;  that  is,  that  the  limits  of  Costa 
Rica,  if  those  of  the  treatj'  of  1858  are  rejected,  are  dejure  and 
de  facto  those  of  the  ^Ui possidetis  of  1826.  But  as  Nicaragua, 
in  her  argument,  has  quoted  from  Squier  and  copied  his  map, 
Costa  Rica  has  deemed  it  advisable  to  show  that  the  opinions 
of  Mr.  Squier  are  not  "  the  law  and  the  prophets ''  among  the 
authors. 

Costa  Rica,  on  the  other  hand,  has  shown  that,  l)esides  the" 
authority  of  the  travellers  and  writers  above  cited,  she  has  on 
her  side  the  superior  authority  of  both  the  laws  and  the  geo- 
graphic facts. 

It  is  a  self-evident  geographical  fact  that  the  principal  sup- 
ply of  the  San  Juan  river  does  not  come  from  the  Lake  of  Nic- 
aragua, although  it  is  its  outlet,  but  from  the  Costa  Rican  rivers, 
some  of  which  are  navigable,  as  the  Frio,  the  San  Carlos,  and 
the  Sarapiqui  rivers. 

The  importance  of  the  latter  is  such  that  Monsieur  Paul 
Levy,  a  French  engineer  in  the  service  of  the  Government  of 
Nicaragua,  in  an  otHcial  publication  made  by  order  and  at  the 
expense  of  that  Government,  and  dedicated  to  Don  Fernando 
Guzman  and  Don  Vicente  Quadra,  two  ex-Presidents  of  that 
Roputtlii;,  says  "that  the  San  Juan  river  is  no  more  than  a 
tributary  of  the  Sarapiqui." - 

Mr.  Thos.  Rej'nolds,  in  a  report  addressed  to  President 
Cleveland  and  transmitted  by  him  to  Congress  with  his  Mes- 
sage of  the  5th  of  January  last,  corroborates  the  same  remark 
in  the  following  words: 

"  The  great  river  of  the  central  interoceanic  valley  of  Cen- 
tral America  is  the  Sarapiqui,  and  the  Upper  San  Juan  and 


'Bedford  Pim,  R.  N.      The  Gate  of  the  Pacific,  p.  24.      London,  1863. 
'Levy.    Notan  Geogrdfica^  y  E'coniunicds  sabre  la  Republlca  do  Nicaragua. 
Paris,  1873,  wiih  a  good  map  of  Kicaragua. 


34 

the  San  Carlos  rivers  are  affluents  to  it,  somewhat  as  the  upper 
Mississippi  is  an  affluent  of  the  Missouri ;  hut  in  the  former 
case  as  in  the  hitter  the  name  of  the  less  important  of  the  two 
streams  has  heen  given  to  that  formed  l>y  their  junction.  But 
even  at  the  junction  of  the  Upper  San  Juan  with  the  San  Car- 
los the  latter  dominates  in  given  characteristics  to  their  com- 
bined waters,  and  where  these  fall  into  the  still  greater  Sara- 
piqui  those  characteristics  are  intensified.''^ 

The  Sarapiqui  river,  as  is  well  known,  is  exclusivel}'  Costa 
Rican,  and  it  being  the  principal  artery  of  the  hydrographic 
system  of  the  region  of  the  San  Juan  river,  it  is  just  and  logi- 
cal to  recognize  that  Costa  Rica  has  the  same  rights  of  naviga- 
tion as  far  as  the  sea,  which  the  Government  of  Canada 
has  in  the  St.  Lawrence  river.  The  Sarapiqui  is  navigable 
for  about  fifty  miles,  and  between  its  c(»nfluence  with  the  San 
.luan  and  the  l>ifui'cation  of  tlie  latter  to  form  the  Colorado  river, 
there  are  only  thirteen. 

The  San  Carlos  river  is  also  exclusively  Costa  Rican,  and  in 
the  rainy  season  is  navigable  for  60  miles.  From  its  mouth 
on  the  San  Juan  river  to  the  mouth  of  the  Sarapiqui  there  are 
25  miles,  and  to  the  bifurcation  of  the  Colorado  there  are  38. 

The  Colorado  river  supplied  more  by  the  Pocosol,  the  San 
Carlos  and  tlie  Sarapi(|in'  I'ivers,  than  by  the  scanty  auu)unt  of 
water  wliicli  flows  from  the  Lake,  runs  exclusively  through 
Costa  Rican  territory,  in  an  extent  of  20  miles  to  the  Caril)- 
bean  Sea,  and  is  navigable  for  vessels  drawing  a  large  amount 
of  water. 

From  the  mouth  of  the  Colorado  river  to  the  San  Carlos 
pier  there  are  118  miles  navigable,  80  within  the  Costa  Rican 
teri-itory,  and  38  on  tjic  San  Juan  river,  on  the  part  thereof 
whose  right  bmik  always  belonged  to  Costa  Rica. 

K<piity  as  well  as  international  law,  and  the  laws  which  cre- 
ated and  organized  the  present  Rcpul)lics  gf  Central  America, 

'Kxecutlve  DocumeBt  No.  57,  House  of  Uopresentatives,  49lh  Congress, 
'ill  ScHHion.  Condition  and  CAtininerce  of  N^icdnif/iid,  lIoiuhiniH  and  ii<Uva- 
'foi;  J,.    Ill 


85 

rccoornize  tliat  Costa  Rica  has  as  tntich  right  as  Nicaragua  in 
the  San  Juan  river. 

The  treaty  of  April  15,  1858  restricted  and  abridged  con- 
sideraltly  the  i-ights  of  Costa  Rica.  If  it  falls,  Costa  Rica  shall 
recover  by  the  same  fact  her  former  limits,  that  is,  the  thalweg 
or  mid-channel  of  the  San  Juan  river  to  the  Lake,  theiute  a 
straight  line  to  the  month  of  the  Sapoa  river,  thence  another 
line  to  the  La  Flor  river,  and  thence  along  the  course  of  the 
latter  to  the  Pacific  Ocean.  These  are  by  all  means  the  legal 
and  natural  limits  of  Costa  Rica. 


PART   SECOND. 


PART  SECOND. 
ELUCIDATION  OF  THE  PRINCIPAL  POINT. 


Ch^ter   I. 

ARGUMENTS  OF  NICARAGUA  AGAINST  THE  VALIDITY  OF  THE  TREATY  OF 
APRIL  15,  1858. 

The  reasons  set  forth  in  the  argument  of  Nicaragua,  for 
the  purpose  of  invalidating  the  treaty  of  limits  of  April  15, 
1858,  whicli  that  Republic  concluded  with  Costa  Rica,  are 
three,  to  wit : 

1st.  That  the  treaty  did  not  receive  the  sanction  required  by 
the  fundamental  law  of  Nicaragua  for  the  perfection  of  a  com- 
pact of  its  nature. 

2d.  That  the  treaty  was  not  ratified  hy  the  Government  of 
Salvador,  and  tiiat  the  guarantee  stipulated  in  favor  of  Nic- 
aragua, as  to  Article  X  of  that  instrument,  was  not  given  effect. 

3d.  That  the  ratifications  of  the  treaty  were  exchanged  be- 
fore it  was  submitted  to  the  Congress  of  Nicaragua,  and  that 
the  approval  given  by  that  Congress  was  subsequent  to  the  ex- 
piration of  the  time  agreed  upon  for  that  purpose. 

From  here  it  might  be  thouglit  that  the  Government  of 
Nicaragua  has  deemed  it  advisable  to  withdraw  from  the  pres- 
ent discussion  all  the  other  reasons  which,  in  its  former  cor- 
respondence with  the  Government  of  Costa  Rica,  at  different 
times,  it  used  to  allege  against  the  treaty, — reasons  all  of  them, 
which  were,  in  the  belief  that  they  would  also  be  presented  here, 
refuted  at  length  in  Chapters  XI  and  XV  of  the  Second  Part 
of  the  "Argument  "  of  Costa  Rica.  • 

But  this  silence,  which  certainly  would  have  implied  an  ad- 
mission of  the  ijroundless  character  of  the  reasons  withheld, 
and  simplitied  the  discussion,  is  no  more  than  apparent,  because 


40 

the  omitted  reasons  are  set  forth  again,  although  indirectly  and 
incidentally,  in  the  discussion  of  other  points  more  or  less  re- 
lated to  them. 

An  additional  reason  has  now  been  given — the  one  occupy- 
ing tlie  3d  place  in  the  foregoing  list — which  Nicaragua  never 
presented  or  thought  of  before,  in  spite  of  the  many  years 
which  the  debate  has  lasted. 

Under  the  circumstances  aforesaid  I  shall  not  be  able  to 
confine  myself  to  a  mere  reply  to*the  three  i-easons  alleged  by 
Nicaragua  in  support  of  lier  claim  that  the  treaty  of  1858  is 
void  ;  hut  1  shall  have  to  consider  all  other  points  indirectly 
maintained  l)y  her  in  order  that  none  of  her  arguments, 
whether  formally  or  informally  presented,  remain  unanswered. 


Chapter    II. 

THE  TREATY  OF  LIMITS  WAS  MADE  IN  STRICT  PURSUANCE  OF  THE  FUNDA- 
MENTAL LAW  IN  FORCE  IN  NICARAGUA  AT  THE  TIME  OF  ITS  CONCLU- 
SION. 

The  first  and  principal  reason  alleged  hy  the  Government 
of  Nicraragiia  to  deny  the  validity  of  the  treaty  of  185s,  is  be- 
cause the  said  treaty  did  not  receive  the  sanction  required  by 
the  fundamental  law  of  the  State  for  the  perfection  of  a  com- 
pact of  its  natiu'e. 

This  assertion  is  wholly  incorrect,  as  was  sliown  by  the  for- 
mer ai-gnment  on  behalf  of  Costa  Rica,  and  cis  will  be  now 
su!)stantiated  still  more  l>y  the  following  considerations. 

For  the  conclusion  of  the  treaty  of  1858,  all  the  formalities 
requii-ed  by  the  public  law  of  Nicaragua,  in  force  at  that  time, 
without  the  omission  of  a  single  one,  were  faithfully  complied 
with. 

Tiie  regime  which  existed  at  that  tiuie  in  Nicaragua  was 
not  the  regular  constitutional  one  which  preceded  the  revolu- 
tion initiated  on  May  5,  ISSl,  aud  followed  the  Constitution 
of  August  19,  1858. 

It  was  one,  in  every  respect,  exceptional  and  transitory,  de- 
voted above  all  to  the  political  reorganization  of  the  country. 
Hence  it  was  that  the  Executive  concluded  the  treaty  upon 
bases  given  to  it  by  the  National  Constituent  Assembly,  and 
ratified  it  in  use  of  faculties  for  that  purpose  delegated  to  it 
by  the  Assemldy ;  that  the  treaty  was  exchanged  and  promul- 
gated as  law  of  the  Republic  by  virtue  of  the  said  ratification  ; 
and  that,  in  fine,  it  was  not  approved  by  the  Assembly  until 
after  the  exchange  of  the  ratifications.  All  of  this  might, 
perhaps,  have  been  done  differently  under  circumstances  of  a 
regular  regime,  not  constituent  but  constitutional. 

The  defense  of  Nicaragua  has  forgotten  completely  what 
was  the  political  condition  of  its  own  country  at  the  time  in 


4:2 

which  the  treaty  was  initiated,  negotiated,  ratified,  exchanged, 
promulgated,  and  carried  into  execution;  and  so  it  is  no  won- 
der that  it  reaches  conchisions  which  it  itself  would  have  re- 
jected if  it  had  placed  the  question  on  its  proper  grounds. 

To  maintain  that  the  condition  of  Nicaragua  from  May, 
1854-,  to  August,  1S58,  was  a  regular  constitutional  one,  is  tan- 
tamount to  tearing  from  the  history  of  that  country,  and  of 
Central  America  in  general,  some  of  its  most  interesting 
pages,  where  the  recoi-d  has  been  preserved  of  the  Nicaraguaii 
civil  sti-uggles,  the  overthi-ow  of  the  legitimate  government,  the 
usurpation  of  William  Walker,  the  war  waged  by  the  five 
Central  American  States,  at  the  head  of  which  Costa  Rica  had 
the  glory  to  present  herself  to  snatch  from  the  hands  of  the 
usurper  his  prey,  and  secure  the  common  independence,  and, 
finally,  the  advent  of  the  dictatorial  duumvirate,  which,  "in  spite 
of  all  prctlictions  to  the  contrary,  not  only  saved  the  country 
fi-oni  the  new  struggle  which  threatened  it,  but  wisely  con 
ducted  it  to  its  constitutional  organization."* 

The  constitutional  legality  was  represented  in  Nicaragua  at 
the  beginning  of  the  revolution  l)y  the  Government  of  Gen- 
eral Chamorro  and  by  the  Constitution  of  1854;  but  neither 
this  Constitution  nor  the  legitimate  successor  of  General  Cha- 
morro's  Government  ever  appeared  again  on  the  political 
stage  of  the  country  after  peace  was  re-established. 

The  administration  of  General  Martinez  was  simply  an  ex- 
tra(»rdinary  one,  which,  although  beneficial  to  the  country  which 
it  helped  to  organize,  had  been  born  out  of  the  revt)lution.  The 
Constituent  Assembly,  also,  was  an  extraordinai-y  national  rep- 
resentation, convoked  by  the  dictatorial  duumvirate  to  recon- 
struct the  country. 

The  Exe(Mitive  over  wliich  (icneral  Martinez  presided  and 
the  National  Constituent  Assenil»ly  held  in  their  hands,  at  the 
time  when  the  treaty  was  nuide,  all  the  powers  required  for  the 
conclusion  of  the  latter  and  for  its  perfection. 

'  Qeronimo  Pbhrz.  MemoridH  sa/tre  In  rewlncum  de  Nicaragua.  Vol.  ii, 
p.  215.     Bee  Document  No.  52. 


43 

All  that  was  enacted  hy  the  Constituent  Assembl}'',  and 
sancticjncd  and  promulgated  by  the  Executive,  was  law  of  Nic- 
aragua. So  it  is  witnessed  by  the  statute-books  of  that  coun- 
try, where  several  enactments  of  this  kind,  respected  and 
obeyed,  both  then,  and  now,  as  national  laws,  can  be  found 
without  dithculty.i 

To  such  an  extent  was  the  regime  existing  in  Nicaragua  at  the 
time  of  tiia treaty  of  1858  extraordinary,  that  the  Constituent 
Asseml)ly,  by  decree  of  Doceml^er  10,  1857,  decided  to  sanc- 
tion and  enforce  in  advance  one  chapter  of  the  new  Constitu- 
tion (Chapter  xvii),  which  detinud  the  powers  of  the  Execu- 
tive. And  this  whs  done  for  the  purpose  that  the  Executive 
could  enter  at  once,  without  waiting  for  the  Constitution, 
which  was  not  approved  until  August  19,  1858.  and  without 
finding  obstacles  of  any  kind,  into  negotiations  with  Costa 
Hica  for  tiie  tiuil  adjustment  of  all  differences  in  regard  to 
limits,  and  thus  secure  that  peace  which  was  so  desirable  under 
those  circumstances.^  Tlie  defense  of  Nicaragua  has  also  for- 
gotten this  fact. 

The  Constituent  Assemldy,  besides  acting  in  this  way  for  the 
purpose  that  the  differences  with  Costa  Rica  should  be  speed- 
ily and  finally  settled,  enacted  also  a  decree  directing  the  Ex- 
ecutive to  continue  the  interrupted  negotiations,  and  furnished 
it  with  certain  bases  for  the  conclusion  of  the  treaty  ^>i  limits, 
approving  thus  ljef^>reiiand  what  might  be  done  in  accordance 
therewith. 3  This  is  another  most  essential  fact  whicli  the 
defense  of  Nicaragua  lias  not  been  pleased  to  remember. 

The  Executive  carried  out  the  instructions  given  by  the 
Constituent  Assembly,  and  as  soon  as  it  negotiated  the  treaty 
of  1858,  in  strict  conformity  to  tiie  bases  suggested  by  that 
body,  ratified,  exchanged,  and  executed  it,  in  use  of  its  facul- 
ties. 


'The  files  of  the  Oaceta  of  1858  show  no  less  than  103  laws  passed  by  the 
Assembly,  many  of  which  were  of  fundamental  character. 
"  See  pages  71  aad  72  of  the  Argument  of  Costa  Rica  of  October  27,  1887. 
'  See  page  73,  Argumeut  of  Costa  Rica  of  October  27,  1887. 


4:4 

The  Constituent  Assembly,  having  full  knowledge  of  the 
facts  wliic-h  had  been  published  in  the  olKe.ial  organ,  and  which 
the  Executive  had,  furthermore,  reported  to  it  minutely,  clothed 
the  treaty  with  its  approval.  This  approval,  sanctioned  likewise 
bv  the  Executive,  was  also  published  as  law  of  the  Republic.^ 

The  exceptional  circumstances  of  political  reconstruction,  un- 
der which  Nicaragua  was,  when  the  treaty  of  limits  was  made, 
satisfactorily  explain  why  it  was  that  the  ratification  of  the 
treatv  was  made  by  the  Executive,  as  delegate  of  the  Constitu- 
ent Power,  and  wliy  the  act  of  excliange  followed,  and  did  not 
precede,  the  approval  by  the  Assembly. 

But  the  defense  of  Nicaragua,  besides  ignoring  all  these 
circumstances,  and  avoiding  to  enter  into  any  consideration 
thereof,  has  not  hesitated  to  change  their  character  l)y  giving 
tlie  name  of  "Constitutional  Congress,  or  Assembly"  to  the 
Constituent  body  above  mentioned.  No  law  ever  passed  by 
that  body  fails  to  read  in  its  heading,  as  can  be  seen  in  the 
statute-books,  "The  Constituent  Assembly,"  ^tc. 

So  great  is  the  desire  siiown  by  the  defense  of  Nicaragua 
of  avoiding  to  give  the  Constituent  Assembly  which  approved 
the  treaty  its  proper  name,  that  even  in  the  literal  translation 
of  the  decrees  of  that  body,^  it  has  found  it  advisable  to 
chaniro  that  name  into  the  one  of  "  Constitutional  Assembly," 
as  if  the  English  language  had  not  the  word  "  constituent," 
conveying  the  same  idea  as  tiie  Spanish  word  "  constituyente," 
used  in  the  Spanish  text. 

When  the  Asseml)ly  gave  its  approval  to  the  treaty,  the  latter 
was  already  a  Nicaraguan  law.  But  that  approval,  although 
not  intended  principally  to  perfect  it,  because  it  was  already 
j)erfcct,  added  to  its  strength.  Its  principal  object  was  to  re- 
lieve the  Executive  from  whatever  responsibility  that  might 
arise  out  of  the  exercise  of  the  faculties  delegated  to  it 
for  the  (•  MU'lusion  and  i-atification  of  the  compact. 


'  See  page  rtr>,  Argument  of  Costn  Uicti  of  October  27,  1887. 
'See  Argument  of  Nicaragua  of  October,  1887,  page 


45 

The  approval,  therefore,  was  notliing  else  than  one  of  those 
corroborative  acts  which  in  the  course  of  business  often  occur, 
and  rest  upon  the  well  known  and  salutary  pi-iuciple  quod 
ahundat  non  nocet.  If  that  approval  had  never  been  given, 
the  validity  of  the  treaty  would  not  have  been  affected  in  the 
least. 

The  delegation  of  legislative  powers,  made  in  favor  of  the 
Executive,  was  not  an  act  contrary  to  the  pul)lic  law  of  Nic- 
aragua. Even  undei'  conditions  of  rci^ular  constitutional 
regime  such  a  thing  is  perfectly  legitimate  in  that  Republic. 
(Article  42,  section  25,  Nicaraguan  Constitution  of  1858). 

The  public  law  of  Nicaragua,  applicable  to  the  case,  and  in 
force  at  the  time  of  the  conclusion  of  the  treaty  of  limits,  was 
not,  as  claimed  in  the  argument  to  which  I  now  reply,  the  Con- 
stitution of  1838  ;  but,  on  the  one  hand,  Chapter  XYI  of  the 
Constitution  of  1858,  promulgated  in  advance  l)y  special  de- 
cree of  December  10, 1857,  and,  on  the  other  hand,  the  decree 
of  the  Constituent  Assembly  of  February  5,  1858,  providing 
for  both  the  form  and  the  substance  of  the  treaty  whiuh  was 
to  be  adjusted.  1 

No  allegation  has  ever  been  made  that  the  said  laws,  wliose 
existence  not  even  has  l)een  mentioned  in  the  argument  of 
Nicaragua,  were  violated.  And  if  the  ti-eaty  was  made,  as  it 
was,  in  strict  compliance  with  their  provisions,  nothing  else  is 
required  to  cause  Nicaragua  to  respect  it  as  one  of  her  laws, 
as  she  did  from  1858  to  1872,  through  her  Legislative  Con- 
gresses, her  Executive  Cabinets,  and  her  officials  of  all  kinds. 

What  was  done  l)y  the  President  of  Nicaragua,  Don  Tomas 
Martinez,  within  the  legality  of  the  circumstances,  and  by 
virtue  of  the  faculties  delegated  to  him  i)y  the  Constituent 
Assembly,  was  entirely  constitutional  and  lawful^  and  binding 
upon  the  nation. 

Vattel  says  : 

"  If  the  nation  has  transferred  the  plenitude  of  sovereignty 


'See  page  73,  Argument  of  Costa  Rica  of  October  27th,  1887. 


46 

to  its  ruler,  if  it  has  trusted  to  liim  the  care  and  vested  in  hira 
tlie  right,  without  reserve,  of  treating  and  conti-actingwith  the 
other  States,  it  is  deemed  that  it  has  vested  it  with  all  the 
powers  necessary  to  i-ender  his  contracts  valid.  The  Prince  (or 
the  ruler)  is  tiien  the  organ  of  the  nation  ;  what  he  does  is 
reputed  to  be  done  by  it ;  and  although  he  is  not  the  owner 
of  the  pul)lic  propert}'  he  can  alienate  it  validly."^ 

And  that  great  luniinar}'  of  the  American  law.  Chancellor 
Kent,  in  discussing  this  subject,  expresses  himself  as  follows  : 

"  If  a  nation  has  conferred  upon  its  Executive  Department, 
without  reserve,  the  right  of  treating  and  contracting  with 
other  States,  it  is  considered  as  having  vested  it  with  all  the 
power  necessary  to  make  a  valid  treat}',"  ^ 

Atjd  if  the  circumstance  that  the  formalities  of  Article  194 
of  the  Constitutit)n  of  1838  were  not  ol)served  should  ever 
produce  as  its  result  the  nullification  of  the  treaty,  the  in- 
evitable conclusion  to  be  reached  therefrom  would  be  tliat  the 
Nicaraguan  Constitution  of  August  19,  1858,  is  also  void. 
And  tlie  reason  is  because  neither  the  duumvirate  which  con- 
voked the  Assembly,  nor  the  Assembly  itself,  nor  any  act 
done  by  the  one,  or  the  otlier,  did  exactly  fall  under  the  strict 
legality  of  the  Constitution  of  1838. 

Out  of  the  many  fundamental  laws  which  the  regime  afore- 
said nullified,  one  of  paramount  importance  can  be  cited.  This 
is  the  satne  Article  194-  of  the  Constitution  of  1838,  which  the 
defense  of  Nicaragua  invokes  in  support  of  her  claim  that  the 
treaty  of  limits  is  null. 

Art.  196  said  as  follows: 

"Art.  19G.  The  present  Constitution  shall  not  be  revised 
in  its  totality  until  after  four  years  have  elapsed,  and  then, 
■iipon  thf  pr()f)er  declaration  (tccordhig  to  the  rules  of  Article 
194,  th(d  the  reuiitio/i  nhould  tctke  j)l(/ce,  a  Con.stitnoU  Asf<ein.- 
hhj  ahull  be  convoked,  the  members  of  which  shall  have  special 
and  butlioicnt  powers  from  their  constituents." 


'§262,  Chapter  xxi,  Hook  I.  '  I  Kent,  162. 


47 

But  the  Constituent  Assomhly  was  convoked,  and  its  meet- 
ings were  held,  without  the  formalities  of  Art,  194  of  the  Con- 
stitution having  been  observed  at  all,  either  previously  or  subse- 
quently. If  the  treaty  of  limits  is  null,  owing  to  the  non- 
compliance with  that  law,  the  Constitution  of  1858,  which 
was  framed  and  promulgated  without  taking  it  into  considera- 
tion, and  has  the  same  defect,  is  also  mill.  Such  conclusion 
would  be  absurd  ;  but  its  logical  character  shows  that  the  Con- 
stituent Assemblv  of  1858  was  not  bound  at  all  to  obej'  the 
provisions  of  the  Constitution  of  1838,  but  had  authority  to 
act  with  utmost  freedom,  so  as  to  oljtain  the  higli  purposes 
which  the  dictatorial  duumvirate  had  called  it  to  accomplish. 

In  the  presence  of  this  doctrine,  and  of  the  facts  and  con- 
siderations already  set  forth,  there  is  not  the  slightest  founda- 
tion for  the  statement  that  the  treaty  of  1858  lacks  validity 
because  it  was  made  in  violation  of  the  fundamental  laws  of 
Nicaragua. 


Chapter  III. 

DEMARCATION  OF  THE  TEBKITOBY  OF  NICARAGUA  ACCORDING  TO  HER   FIRST 
CONSTITUTION  PROMULGATED  APRIL  8,  182G— NICOYA. 

The  present  Republic  of  Nieara<j;ua  is  nothing  else  than  the 
old  State  of  tiie  same  name  organized  on  the  8th  of  April, 
1826,  as  one  of  the  members  of  the  Central  x\merican  Re- 
piil)lic. 

Chapter  I  of  her  Constitution,  promulgated  at  the  date 
aforesaid,  clearly  defines  the  State  and  the  territory  thereof 
iu  the  following  language: 

"Article  1st.  The  State  shall  retain  tlie  name  of  State  of 
Nicaragua,  and  it  shall  consist  of  all  the  inhabitants  thereof, 
and  forui  apart  of  the  fedci'ation  of  Central  America." 

"Article  2d.  The  territory  of  the  State  comprises  the  Dis- 
tricts of  Nicaragua,  Granada,  Managua,  Masaya,  Matagalpa, 
Segovia,  Leon,  Sul)tiaba  and  El  Realejo. 

"  Its  limits  are  :  on  the  east,  the  Sea  of  the  Antilles  ;  on 
the  north,  the  State  of  Honduras;  on  the  west,  the  Gulf  of 
Concluigua  ;  on  tlie  south,  the  Pacific  Ocean,  and  on  the  south- 
east the  fi'ee  State  of  Costa  Rica." 

"Article  3d.  The  above-named  tcn-itory  shall  l)c  divided 
into  Departments,  the  nund)er  and  limits  of  which  shall  be 
fixed  by  a  special  law." 

The  districts  which,  at  the  time  of  the  foundation  of  the 
State  of  Nicaragua,  formed  it,  ac(^ording  to  its  first  Constitu- 
tion, wcie  Nicaiagua,  (iranada,  Managua,  Masaya,  Matagalpa, 
Segovia,   Leon,  Subtiaba,  Kl  Rcalcjo,  and  iu)ne  else. 

The  District  of"  Nicoya  which,  ix-forc  flic  independence, had 
been   at   dincrcnt    times   alternatively   attached,  sometimes  to 

^  IleeftpUttcUni  lie  lti9  lei/m  iltrreton  y  neiicrdoK  (jccufivon  de  Id  l{c/ti'(/dica  de 
Nictirnijun  en  ( eutro  A mhica^  fi/rtnada  jior  el  Doctor  y  Maentro  lACcnriado  Don 
JiMUM  dr  hi  Ufirhii,  dr.,  rfr.    MiiniiRim.    Inipriiita  till  G<)l)icitio  IbGT,  jingclS. 


49 

Nicaragua,  sometimes  to  Costa  Rica,  and  wliicli  in  the  last 
years  of  the  Spanish  rule  was  united  to  Costa  Rica  for  some 
pni'poses  and  for  other  purposes  to  Nicaragua,  hut  which  gen- 
erally enjoyed  a  certain  degree  of  independence  as  a  Mayoralty 
{Correghniento)^  dii'ectly  depending  upon  the  crown;  the  Dis- 
trict of  Nicoya,  which  l)y  the  sovereign  will  of  its  inli:il)i- 
tants  had  hroken,  two  years  before  the  foundation  of  the 
State  of  Nicaragua,  the  partial  bonds  wliic.h  connected  it  with 
that  State,  and  had  incorporated  itself,  with  the  sanction  of 
the  Fedei'al  Congress  of  Centi-al  America,  into  the  bordering 
State  of  Costa  Rica  ;  that  district,  I  say,  was  not  compi-ised  by 
the  tirst  Constitution  of  Nicaragua  in  the  number  of  those 
wiiich  formed  that  State. 

So  it  appears  from  the  plain  language  of  Article  2nd  of  the 
organic  law  of  Nicaragua  of  1826,  which  necessarily  was  the 
basis  upon  which  the  Constitutions  of  1838,  1854, 1858,  and  all 
others  subsequent  have  been  founded. 

Tlie  exclusion  of  Nicoya  was  not  only  explicit,  but  uncon- 
ditional, and  without  reserve.  The  Constituent  legislators  of 
Nicaragua  had  before  tiieir  eyes  the  accomplished  fact,  sanc- 
tioned by  the  Federal  power,  and  they  respected  and  recognized 
it  in  Article  1st  of  the  C(<nstitution. 

This  Article  is  by  itself  sufficient  to  leave  beyond  a  doubt 
that  at  the  time  of  the  organization  of  the  State  of  Nicara- 
gua, Nicoya  did  not  form  a  portion  of  her  territory.  And 
the  truth  of  this  assertion  is  confirmed,  among  many  other 
reasons,  by  the  resolution  of  May  12,  1830, ^  passed  by  the 
Legislative  Assembly  of  Nicaragua,  which  reads  as  follows  : 

"  Upon  consideration  of  the  motion  made  b}'  one  of  the 
Deputies  asking  that  the  District  of  Nicoya,  Mhich  aggre- 
gated ITSELF  TO  THE  State  OF  CosTA  RicA  becausc  of  the  last 
political  convulsions,  should  be  restored  to  Niitaragua,  the  leg 
islative  body  was  pleased  to  resolve  :  That,  wdiereas,  the  cause 


'  Eecopifaaon  de  las  lei/es  decretos  y  acuerdon  ejecud'vvs  de  la  Repiibh'ca  de 
Nicaragua,  Ac. ,  por  el  Doctor  Don  Jesus  de  la  Rocka,  page  G6. 
4 


50 

which  brought  about  that  result  has  ceased  to  exist,  the  Ex- 
ecutive should  urge  the  Federal  Congress  to  restore  the  said 
District  to  the  condition  in  which  it  was  before  ;  and  for 
this  purpose  the  said  Executive  is  vested  with  all  the  authority 
that  may  be  necessary.'" 

The  JSicaraguan  Executive,  in  carrying  out  the  resolution 
above  mentioned,  expressed  itself  in  still  more  precise  and 
conclusive  language  : 

"  Let  this  resolution  be  complied  with,"  said  the  Executive, 
"  let  it  be  transmitted  to  the  Supreme  Federal  Government, 
and,  in  doing  so,  let  the  Executive  of  this  State  explain,  that 
the  reincorporation  of  the  District  of  Kicoya  into  the  State 
of  Nicaragua  is  advisable  and  necessary ;  firsts  because  the  cir- 
cumstances whicli  gave  rise  to  its  separation  from  Nicara- 
gua AND  its  annexation  TO  CosTA  K.ICA  liave  ceased  to  exist ; 
second,  because  the  said  reincorporation  contril)utes  to  the 
re-establishment  of  peace,  and  to  the  complete  reorganization 
of  the  State;  *  *  *  fifth,  because  Nicoya  is  indebted  to 
the  State  of  Nicaragua  for  tithes  and  other  taxes,  and  tlie 
payment  of  that  debt  is  obstructed  by  the  aggregation  of 

THAT  DISTRICT  TO  CoSTA  RiCA," 

"  Let  these  considerations  be  urged  upon  the  Supreme  Fed- 
eral Executive,  in  order  that  it  may  be  pleased  to  submit  to 
Congress,  with  favorable  reconmiendation,  if  so  deemed  ad- 
visable, THE  petition  of  NICARAGUA  FOR  THE  REINCORPORATION 
OF  NiCOYA   INTO  HER  TERRITORY." 

The  foregoing  documents  show  that  in  1S;')(),  nutrc  than  four 
years  after  the  organization  of  the  State  of  Nicaragua,  the 
latter  was  asking  the  Federal  Congress,  not  tlirough  demands 
or  protests,  as  n(»w  alleged,  l»ut  by  humble  prayers,  for  the  re- 
inforporation  of  Nicoya,  which  was  then  united  to  Costa  Rica. 
\>n\  the  Central  American  (Congress  did  not  deem  it  advisable 
to  accede  to  her  petition. 

That  was  exactly  the  state  of  things  when  tiie  C(»n8titution 
of  Nicaragua  of  November  12,  1838,  was  promulgated. 

'i'he  desired  reincorpor:ition  of  Nicoya  had  not  taken  place; 


51 

and  evidently  the  new  Constitution  could  not  declare  that  the 
sovereignty  of  Nicaragua  extended  in  the  southeast,  bordering 
upon  Costa  liica,  to  a  territcjry  much  more  extensive  than  that 
on  which  it  had  been  estal)lished  and  organized  in  1828. 

Chapter  I  of  the  Constitution  of  1838  defines  the  State  and 
its  Territory  as  follows  : 

"Article  1st.  The  State  shall  retain  the  name  of  State  of 
Nicaragua;  it  consists  of  all  its  inhabitants,  and  it  shall  be- 
long, by  means  of  a  compact,  to  the  Federation  of  Central 
America," 

"  Article  2nd.  The  territory  of  the  State  is  the  same  which 
was  before  comprised  in  the  Trovince  of  Nicaragua ;  its  limits 
are:  on  the  east  and  northeast,  the  State  of  Honduras  ;  on  the 
west  and  south,  the  Pacific  (Jcean  ;  and  on  the  southeast,  the 
State  of  Costa  liiea.  The  boundaries  with  the  borderino;  States 
shall  be  marked  out  by  a  law  which  sliall  be  made  a  part  of 
the  Constitution." 

Article  1  st  plainly  establi.^hes  the  identity  of  the  State,  so  that 
the  one  organized  in  1838  and  the  one  constituted  in  1826  were 
one  and  the  same,  both  having  the  same  territory  and  both  bor- 
dering on  the  southeast  with  the  free  State  of  Costa  Rica.  That 
identity  was  not  destroyed  by  the  insertion  in  Article  2nd  of 
the  phrase,  "  Province  of  Nicaragua,"  bec-ause  in  the  ancient 
documents  Nicoya  and  Nicaragua  are  often  mentioned  as  dif- 
ferent provinces,  independent  of  each  other ;  and  therefore  the 
expression,  "Province  of  Nicaragua,"  does  not  necessarily  im- 
ply that  the  District  of  Nicoya  was  included.^ 

In  the  new  Constitution,  the  districts  which  formed  the  State 
were  not  mentioned.  But  this  omission  was  cured  by  the  de- 
cree of  December  2d  of  the  same  year,  1838, ^  issued  by  the 
same  Constituent  Assembly,  dividing  the  territory  of  the  State 
into  four  departments,  namely,  east,  west,  north,  and  south. 


'  See  the  Report  of  Bishop  Morrell,  1752,  pages  24  and  25  of  the  Argument 
of  Costa  Rica. 
^  Rtcopilacion  de  leyes,  cfcc,  por  el  Doctor  de  la  Rocha,  p.  401. 


52 

Article  15th  of  the  said  decree  reads  as  follows: 

'*  The  Southern  Department  shall  comprise  no  more  than 
ONis  District,  named  the  Rivas  Dis  prict,  until  the  question  be- 
tween THIS  Government  and  that  of  Costa  Rica  about  the 
reincorporation  of  the  District  of  Guanacaste  is  settled." 

The  Constituent  Legislature  of  Nicaragua  of  1838  declared 
therefore,  in  the  most  solemn  possible  manner,  that  the  South- 
ern Department  of  the  State  had  onl}'  one  District  (Rivas), 
and  that  this  had  to  he  so  until  the  question  pending  with 
Costa  Rica  should  he  settled  and  the  District  of  Guana- 
caste  should  be  reincorporated  into  Nicaragua. 

To  reincorporate  means  in  Spanish,  according  to  the  Dic- 
tionary of  the  language:^ 

"To  incorporate  again,  to  aggregate,  or  unite,  to  a  political 
or  moral  body  something  which  had  been  separated  from  it." 

If,  according  to  the  Decree  of  December  21,  1838,  issued 
by  the  Constituent  Legislator,  the  District  of  Guanacaste 
could  not  he  counted  among  tlie  districts  of  the  southei'U  Oe- 
partinent  until  it  was  rciiux)rporated  into  Nicaragua,  there  is 
no  doubt  that  the  Constitution  of  1838  did  not  declare,  nor 
could  it  do  60,  that  Guanacaste  was  an  integral  part  of  the 
Nicaraguan  territory.  The  reincorporation  nuiv  have  been 
(strongly  desired  ;  but  it  was  not  accomplisliod. 

The  truth  is,  indeed,  that  tlie  question  pending  between 
Costa  Rica  and  Nicaragua  upon  this  sulqect  did  not  reacli  a 
settlement  until  the  treaty  of  1858  was  made;  and  by  it  Costa 
Rica  ceded  to  Nictaragua  not  (»nly  a  portion  of  Guanacaste, 
but  also  a  portion  of  the  Costa  Rican  territory  wliich  had 
never  l)elonged  t(j  the  ancient  District  of  Nicoya.  Those 
ceded  territories  became  Nicaraguan  on  and  after  tlie  date  of 


'  Dkcionariodelalengua  OnHU'UaiKi  jxtr  In  Acddeiniit  ruptnloht.  Madrid,  1884. 
Iin|>rentiidc  Don  (iiej^orio  Ileraiuuh'/,. 

Tliii  siinie  definition  is^'veii  by  Wobs'cr  (An  Anicricun  DictiDnary  of  the 
HngllHli  I.iinj^uiisjo,  1881),  by  Worcester  (A  Dictionary  of  tlie  Eonlisii  Ijnn- 
f(U)i{;e,  Boston,  IS'K)),  by  Lirousse  CGr**"*!  Diclionnaire  Universe!  du  XIX 
nif'^elc,  I'aris,  1875)  and  l)y  Calvo  (Diclloonuire  do  Droit  Interntitional  Pub- 
lic el  Priv,-,  PariH,  IMH-I). 


53 

the  treaty,  but  the  rest  of  the  Costa  Rican  territory,  Guana- 
caste  inchided,  remained  as  foreign  to  Nicaragua  as  it  had 
been  prior  to  the  foumlation  of  the  two  States. 

After  the  Nicaraguan  Constitution  of  1826  eliminated,  un- 
conditionally and  without  reserve,  from  the  Nicaragnan  terri- 
tory tiie  District  of  Nicoya,  and  after  the  bond  which  formerly 
had  united  it  to  Nicaragua  was  thereby  severed,  all  declara- 
tions made  in  subsequent  Constitutions,  no  matter  how  express, 
in  regard  to  sovereignty  over  Nicoya,  if  ever  made,  which  I 
deny  upon  the  evidence  above  given,  can  have  no  other  char- 
acter tiian  that  of  mere  claims  or  pretensions,  as  far  distant 
from  truth  and  perfect  right,  as  simple  thoughts  or  wishes 
are  from  actual  reality. 

x\s  the  fortune  of  a  merchant  is  not  increased  because  he 
recoi-ds  in  his  books  future  and  eventual  profits,  likewise  the 
dominioi\s  of  a  sovereign  are  not  enlarged  because  he  writes 
on  a  Constitution  the  names  of  provinces  not  actually  subject 

to  his  rule. 

And  what  cannot  be  obtained  by  means  of  express  and 
known  declarations,  which  may,  in  time,  be  refuted  and  blotted 
out,  much  less  can  be  obtained  by  mystic  phrases  of  hidden 
meaning,  written  a  long  time  ago,  when  no  one  dreamt  that 
such  a  construction  could  be  ever  placed  on  them. 

To  suppose  under  this  singular  course  of  reasoning,  that 
Nicoya  was  an  integral  part  of  Nicaragua  is  to  ignore  the  fact 
that,  during  more  than  half  a  century  after  the  Independence 
and  organization  of  the  Central  x\.merican  States,  that  Dis- 
trict, actually  and  legally  was  separated  from  Nicaragua  and 
incorporated  into  Costa  Rica,  and  that,  during  the  whole  of 
that  period,  it  kept  so  separated,  and  formed  a  part  of  one  of 
the  five  provinces  of  Costa  Rica,  with  whom  it  has  identified 
itself  absolutely  in  interests,  customs,  and  institutions,  to  such 
an  extent  that  citizens  of  Nicoya  have  exercised  the  supreme 
power,  the  command  of  the  Army,  the  Presidency  of  the  Na- 
tional Contrress,  and  filled  the  positions  of  Secretary  of  State, 
Diplomatic  Ministers,  Justices  of  the  Supreme  Court,  &c.,  <kc. 


54: 

In  the  face  of  these  facts  the  pretension  ceases  to  be  absurd, 
and  becomes  one  which,  in  reality,  can  be  impeached  as  lack- 
ing seriousness. 

Nicaragua  reasons  about  Guanacaste,  as  if  she  were  dealing 
with  things  and  not  with  persons  ;  and  forgets  that  the  people 
of  that  Department,  in  the  exercise  of  an  imprescriptible  right, 
decided  to  separate,  and  actually  separated,  themselves  from 
the  Nicaraguan  nation,  even  before  said  nation  was  organized 
as  a  free  Stale,  that  the  segregation  was  sanctioned  by  the 
connuon  sovereign,  which  was  the  Federal  Central  American 
power,  and  that  to  complete  the  transaction  Nicaragua  herself 
recognized,  accepted,  and  proclaimed  it  solemnly  in  its  first 
Constitution.  Neither  the  Constitution  of  1838  nor  that  of 
1854,  nor  any  other  ever  promulgated  in  Nicaragua,  did  de- 
clare at  any  time  a  square  inch  of  territory  beyond  the  limit 
assigned  to  the  State  l)y  the  Constitution  of  1826  to  be  Nic- 
araguan domain.  Nor  could  any  Constitution  have  done  so 
exci  pt  in  case  that  the  territorial  accjuisition  would  have  been 
nuide  after  1826,  which  never  happened  except  under  the  treaty 
of  1858,  which  gave  Nicaragua  a  portion  of  Guanacaste. 

There  is  not,  therefore,  as  far  as  Guanacaste  is  concerned, 
the  slightest  conflict  between  the  treaty  of  1858  and  the  Con- 
stitution of  Nicaragua ;  and  to  maintain  the  contrary  is  com- 
pletely to  lose  sight  of  the  public  law  of  that  coimtry  and 
of  the  rutiiments  of  its  history,  ov  of  the  Constitution  of 
April  8,  182(5,  which  was  the  first  one  ever  pronnilgated  in 
Nicaragua,  and  under  whii-,h  she  presented  herself  as  a  free 
Centi-al  American  State  in  the  comnumity  of  nations. 

Better  informed  than  the  pul)lic  men  of  Nicaragua  seems  to 
have  been  the  Minister  of  the  United  States  in  that  country, 
Mr.  (Jharlcs  N.  Riotte,  who,  in  liis  dcspatcli  to  the  Secretary 
of  State,  Mr.  Fish,  (hited  at  Alanagiia  on  .liuic  20,  1872,  says 
the  fnljowing  : 

"  It  i>  a  niattei'  of  liistory  that  sinc-e  1824-,  wirnoirr  intiok- 
lu  TiioN,  the  Province  of  (iiianacahte  formed  an  integral  part 
of  the  Kepiiblic  of  Costa  Itica.     Nothing  has  more  embittered 


55 

the  feeling  in  Costa  Rica  than  this  etenial  harping  for  the  '  lost 
brethren '  by  the  Nicaragnans,  keeping  up  in  the  minds  of  the 
inhabitants  of  that  Province  an  insecurity  and  uneasiness,  the 
principal  cause  of  its  miserable  condition.  It  is  really  too  bad 
that  these  people,  barely  al)lc  to  exercise  its  authority  on  one- 
third  of  its  undisputed  territory,  and  incapable  of  making  it 
felt  over  two-thirds  thereof,  should  run  riot  after  a  distant, 
wretched  province,  separated  from  the  bulk  of  the  Kepubli(; 
by  higii  mountain  ranges,  inaccessible  for  six  months  in  the 
year,  and  heedlessly  provoke  the  enmity  of  a  comparatively 
powerful  neighbor."  1 

And  as  the  District  of  Nicoya  or  (luanacaste  was  not,  accord- 
ing to  the  declarations  of  the  Nicaraguan  Constitutions  of  1826 
and  1838,  an  integral  part  of  the  State  of  Nicaragua,  as  has 
been  proved  above,  it  is  a  grave  error  to  maintain  that  the 
treaty  of  1858  amended  the  Constitution  of  Nicaragua,  and 
that  it  has  no  value  because  the  amendment  made  by  it  was 
not  in  accordance  with  the  forms  and  solemnities  prescribed 
for  such  cases  by  the  Constitution  of  that  State. 


'  Papers  relating  to  the  Foreign  Relations  of  the  United  States  in  1873, 
page  738. 


Chapter    IV, 

DEMARCATION   OF   THE   TERRITORY  OF  NICARAGUA  ACrORDIXG  TO  ITS  FIRST 
CONSTITUTION— SOUTHERN  BANK  OF  THE  SAN  JUAN  RIVER. 

Besides  the  claim  tliat  licr  sovereignty  extends  according  to 
her  Constitution  of  1S3S  to  the  territory  of  Guanacaste,  Nic- 
aragua set  forth  tiiat  she  is  entitled  under  the  same  Constitu- 
tion to  all  the  land  adjoining  the  San  Juan  river  down  to  the 
mouth  of  the  Colorado  i-iver. 

It  is  easy  to  show  that  that  pretension  is  groundless. 

If  the  text  of  the  Constitution  of  Nicaragua  of  1826,  which 
has  heen  copied  in  the  preceding  chapter  is  examined,  it  will 
be  found  that  not  a  wor<l  exists  in  that  instrument  in  support 
of  tiie  idea  tliat  the  southern  bank  of  the  San  Juan  river  was 
Nicaraguan  territory,  l)ut,  on  the  contrary,  it  will  appear  that 
the  Constitution  declares  the  territorj'  of  the  State  to  border 
on  that  side  upon  the  fi-ee  State  of  Costa  Rica. 

This  State  had  organized  itself  on  January  21,  1825,  under 
a  constitution,  which  was  communicated  to  the  Federal  Pow- 
ers, in  wliich  it  is  said  that  the  Costa  Rican  territory  on  the 
side  (jf  the  Northei'n  Sea  ended  at  the  mouth  of  the  San  Juan 
river.  Therefore  the  Constitution  of  Nicaragua,  whicii  was 
subsequent,  far  tVoiii  suj)[)oi-ting  the  idea  now  set  forth  by  her 
Government,  rather  establishes  the  truth  of  the  contrary  as- 
sertion, because  it  was  in  the  power  of  Nicaragua  to  contradict 
the  decharation  made  by  the  Costa  Rican  organic  law,  and  she 
not  oidy  failed  to  do  so,  hut  lixed  as  a  limit  of  Nicaragua  the 
same  one  which  the  fi-ee  State  of  Costa  Rica,  or<ranized  a  little 
more  than  one  year  before,  had  designated. 

The  state  of  things  in  Nicai-agua  in  1S;}S  ln>ing  the  same 
as  in  1820,  the  Constitution  j)ronndgated  on  the  former  date 
could  not  eidarge  the  territory  of  the  State  and  carry  the 
frontier  beyond  the  San  Juan  river. 


57 

But  even  supposing  that  snch  a  thing  happened,  which 
never  did,  snch  a  declaration,  in  conflict  with  the  first  Costa 
Rican  Constitution  which  had  been  accepted  and  recognized, 
never  could  prevail  against  it;  and  the  result  would  be  tiiat  the 
Nicaraguan  declaration  was  of  no  more  value  than  a  simple 
claim  or  pretension,  made  still  less  meritorious  l)y  the  fact 
that  Costa  Rica  found  herself  in  actual  and  immemorial  pos- 
session of  the  territory,  and  Nicaragua  never  possessed  it,  nor 
exercised  over  it  any  a(;t  of  domain. 

In  the  first  part  of  this  rejily  the  possession  of  Costa  Rica 
of  the  southern  bank  of  the  San  Juan  river,  before  the  Inde- 
pendence and  sincte,  up  to  the  date  of  the  treaty,  in  which  her 
rights  of  bordering  nation  were  somewhat  restricted,  has  been 
proved. 

All  the  legislative  collectif)ns  of  Nicaragua  since  the  10th 
of  April,  1825,  in  which  her  first  Constituent  Congress  met, 
can  be  perused,  and  no  act  will  be  found  which  supports  or 
authorizes  the  claim  that  she  exercised  sovereign  rights  over 
the  zone  above  mentioned. 

Political  constitutions,  on  the  other  hand,  are  not  the  places 
where  questions  of  limits  between  the  States  are  to  be  defined. 
Otherwise  such  questions  would  never  be  settled  without  a 
general  upsetting  of  the  State  being  caused  by  tlie  variation 
of  its  organic  law. 

Almost  every  country,  especially  in  America,  has  luul  ques- 
tions of  territorial  limits  with  its  neighbors,  and  they  have 
been  settled  by  public  treaties,  which  had  never  been  given 
the  character  of  constitutional  amendments.  And  this  beiu": 
the  case,  all  the  said  treaties,  without  exception,  could  be  held 
void,  as  made  in  violation  of  the  respective  natioiuil  Constitu- 
tions. 

This  irremedial  nullity  would  l)e  incurred,  among  many 
others,  by  the  treaty  by  which  Loui^iana  was  ceded  tt)  the 
United  States;  by  the  treaty  of  Guadalupe-Hidalgo,  by  which 
Mexico  renounced  her  sovereignty  over  the  territories  of  Up- 
per   California,  Colorado,  Nevada,  and    New  Mexico  ;    by  the 


58 

treaty  between  Spain  and  France  of  1856,  which  settled  a 
question  of  limits  standing  for  centuries  ;  by  the  treaty  be- 
tween France  and  Italy,  by  which  Savoy  and  Nice  were  an- 
nexed to  France,  to  the  detriment  of  Italy  ;  by  the  treaty  of 
1806,  l)y  which  Cliili  ceded  to  Bolivia  a  portion  of  the  Ata- 
cania  Desert;  by  the  treaty  of  1876,  by  which  the  Argentine 
Repul)lic  ceded  a  portion  of  territory  to  that  of  Paraguay  ; 
by  the  treaty  of  1883,  by  which  the  annexation  of  Chiapas 
and  Soconusco  to  Mexico  was  finally  recognized,  &c.,  &c. 

Xo  one  of  these  treaties  has  ever  been  considered  as  an 
amendment  to  the  Constitutions  of  the  countries  which  entered 
into  them.  And  if  the  course  of  reasoning  of  Nicaragua  is 
accepted,  the  conclusion  cannot  be  avoided  that  they  all  are  in- 
valid. A  doctrine  which  leads  to  such  conclusions  needs  not 
to  Ite  refuted.  To  show  its  logical  consequences  is  sufficient 
to  reject  it. 


Chapter    V. 

THE  CONVENTION  OF  LIMITS  OF  1858  IS  AN  INTERNATIONAL  TREATY  LIKE 
ANY  OTHER,  AND  NOT  AN  UNFINISHED  AMENDMENT  TO  THE  NICARAGUAN 
CONSTITUTION. 

Oke  of  the  erroneous  ideas  on  which  the  arj^ument  of  Nic- 
aragua rests,  consists  in  considering  the  compact  of  1858,  not 
as  a  piil)lic  international  convention  like  any  other,  but  as  an 
amendment  to,  or  a  reform  of,  the  Nicaragaan  Constitution. 

It  has  been  already  shown,  in  Chapters  III  and  IV,  how 
groundless  this  assertion  is  in  matter  of  fact,  since  the  Con- 
stitutions of  Nicaragua  could  not  comprise,  nor  did  tlie^y  com- 
prise under  her  sovereignty,  the  territory  of  Nicoya,  now 
Province  of  Guanacaste,  and  much  less  the  lands  adjoining  tlie 
San  Juan  river  on  its  southern  baid-c. 

Now  I  shall  proceed  to  show  the  incorrectness  of  the  same 
idea  from  another  standpoint. 

By  means  of  conjectures  and  interpretations,  more  or  less 
strained,  Nicaragua  tries  to  persuade  that  the  treaty  of  limits 
modified  or  amended  Article  2d  of  the  Constituti(jn  of  1838. 
But  this  pretension  has  been  beforehand  rejected  and  refuted 
b}^  Nicaragua  herself,  through  the  organ  of  her  Constituent 
Asseml)ly  of  1858,  which  by  positive  and  express  action,  ad- 
mitting of  no  contradiction,  declared  and  proclaimed  the  con- 
trary. 

If,  as  it  is  claimed,  the  treaty  of  limits  would  have  in- 
volved or  implied,  in  the  mind  of  the  Constituent  Legislator 
of  Nicaragua,  a  constitutional  reform  or  amendment,  no  doubt 
can  be  entertained,  that  for  concluding  and  perfecting  it  the 
Constituent  Assembly  would  have  proceeded  in  the  same  way, 
as  it  diti,  for  the  special  constitutional  amendments  which  it  de- 
creed, in  all  of  which  it  took  pains  to  express  by  a  final  article 
the  constituent  or  organic  character  of  its  action. 

If  this  was  not  done,  if  the  Constituent  Assembly  did  not 


60 

subject  the  treaty  to  the  rules  of  proceedings  and  to  the  forms 
which  correspond  to  a  constitntional  amendment,  if  no  one 
said,  or  thought,  at  that  time,  tliat  the  treaty  implied  such  an 
amendment,  it  is  plain,  as  well  as  indisputable,  that  the  As- 
scniltly  did  not  give  the  treaty  a  different  ciiaracter  than  that 
whii-h  I-elongs  to  any  other  public  treaties  whatsoever  ;  and  this 
opinion  of  the  Assembly,  certainly  one  in  conformity  with 
truth  and  principle,  this  authentic  interpretation  made  by  the 
Nicaraguan  Constituent  Legislator  himself,  is  the  most  eloquent 
negative  answer  that  can  be  given  to  the  allegations  of  the 
latter  Governments  of  Nicaragua  which  attempt  to  attribute  to 
the  treaty  of  liu)fts  a  character  which  does  not  belong  to  it. 

If  the  Constituent  Assembly  of  1858  would  have  had  in  its 
mind  that  when  approving  the  treaty  it  was  merely  approving 
it  for  the  first  time,  subject  to  tiie  action  of  a  subsecpient  leg- 
islature, which  might  sanction  or  reject  it,  it  would  not  have 
eliminated  from  the  law  of  territorial  division  of  the  Republic 
which  it  enacted  on  August  30,  1858, ^  the  reservation  clause 
in  regard  to  Guanacaste,  which  the  Constiiuent  Assembly  of 
1838  had  written  in  its  own  law  of  territorial  division  of  De- 
cember 21st  of  that  year.-  It  is  plain  that  if  such  had  been 
the  case  the  Constituent  Assemldy  would  have  postponed  the 
elimination  until  the  moment  in  which  the  subsequent  legisla- 
ture should  give  its  approval. 

But  no  sucii  thing  happened,  and  the  new  territorial  divi- 
sion was  made  by  law  as  follows  : 

"Aktk'lk  1.  The  Republic  is  divided  for  electoral  jiurposes 
irjto  seven  dcjjartments,  to  wit:  Chinandega,  Leon,  Nueva  Se- 
govia, Matagalpa,  Chontales,  Rivas,  and  Granada.'' 

"AitTi(;M':  8.  The  District  of  Rivas  (bordering  with  Guana- 
caste)  consists  of  the  city  of  this  name,  the  town  of  San  Jorge, 

'Sei-  Giicclii  (Ic  Ni()ir)i>,'iiii.  No.  HI).  Nov.  !20,  185(5. 

^Hrropilttrii')/!  di  /an  hi/tMSic.  (k  NirnriKjun,  por  il  Dr.  Lii  Rocliu,  Managua, 
1807,  i)ugc401. 


61 

Buenos  Ajres,  Potosi,  Obrage,  Ometcpe,  Moyagalpa,  Pine(3a, 
La  Yirgen,  and  Tonugal." 

No  reservation  of  any  kind  is  made  here  in  regard  to  Gua- 
nacaste  or  Nicoya,  because  the  question  wliich  had  been  pend- 
ing i)etween  the  two  Republics  al)out  that  territory  was  then 
finally  settled  by  the  treaty  of  limits. 

The  Constituent  ^Assembly  of  1S5S  gave  to  the  treaty  its 
true  character,  and  all  the  Executives  and  all  the  Legislatures 
subsequent  to  that  year,  up  to  1871,  always  agreed  in  regard 
to  this  point.  Nothing  will  be  found,  whether  in  the  statute 
books  of  Nicaragua,  nor  in  the  action  of  her  administration,  nor 
in  the  decrees  of  the  Nicaraguan  courts  from  1858  to  1871, 
which  involves  the  idea  tiiat  the  treaty  of  limits  was  an  inper- 
fect  and  unfinished  amendment  to  the  Constitution  of  the 
country;  while,  on  the  contrary,  the  proofs  are  abundant  that 
the  said  treaty  was  always  recognized  and  considered,  not  as 
something  incomplete  and  still  pending,  but  as  a  convention 
finally  concluded  and  sanctioned. 

The  reasons  now  alleged  to  give  to  the  convention  of  limits 
of  1858  no  more  character  than  that  of  a  projected  constitu- 
tional reform  never  consummated,  must  be  exceedingly  weak 
when  they  never  occurred  to  the  mind  of  any  of  the  Supreme 
Powers  of  Nicaragua  from  1858  to  1871.  They  must  be 
very  weak,  indeed,  when  they  were  never  used  before  the 
downfall  of  the  Ayon-Chevalier  conti-act,  or  under  the  event- 
ful circumstances  of  1864,  when  Nicaragua  suspended  her  re- 
lations with  Costa  Rica,  because  of  the  hospitality  which,  ac- 
cording to  her  laws,  she  could  not  refuse,  and  whii-h  she  ex- 
tended to  the  ex-President  of  Salvador,  General  Don  Gei-ardo 
Barrios. 


Chapter  VI. 

EVEN  GRANTING  THAT  THE  TREATY  OF  1858  INVOLVED  A  CESSION  OF  TERRI- 
TORY, THIS  CESSION  COULD  BE  MADE  BY  ONLY  ONE  LEGISLATURE  ACCORD- 
ING TO  THE  CONSTITUTION  OF  1838. 

If  the  Constitutions  of  Nicaragua  prior'  to  1858  are  con- 
sulted nothing  will  be  found  in  tliem  clearly  and  directl}'  ex- 
plaining which  are  the  authorities  or  officers  of  the  State,  in 
whom  the  power  of  validly  contracting  in  the  name  of  the 
nation  is  vested.  For  tliis  reason  it  is  necessary  for  us  to  turn 
to  tlie  general  principles  which  in  countries  under  democratic 
institutions  ve.-^t  tliat  ]X)wer  jointly  in  the  Chief  Magistrate 
of  the  State  and  the  national  representation. 

But  the  national  representation  and  the  supreme  Chief 
Magistrate  of  Nicaragua  were  precisely  the  ones  who  made 
the  treaty  of  1858  ;  and,  therefore,  the  conclusion  cannot  be 
avoided  that  the  treaty  is  valid  and  perfect  under  tlie  most 
strict  principles  of  international  law. 

Perhaps  the  vcr}^  circumstance  that  the  Constitution  of  1838 
was  so  silent  in  regard  to  the  ti-caty-making  power  induced  the 
Constituent  Asseml)ly  to  ena(;t  special  laws  for  the  conclusion, 
ratification,  and  exchange  of  the  treaty  of  limits  of  1858, 
That  treaty  was  not,  as  it  is  supposed,  the  work  of  the  Ex- 
ecutive, simply  approved  but  iKjt  sanctioned  by  the  Constituent 
Assembly,  l)ut  a  legislative  act,  perfected  and  consunmiated,  in 
wliich  the  Executive  a(^tcd  not  only  in  its  capacity  as  such,  but 
as  delegate  of  the  ('onstitucnt  As.vciiibly,  under  instructions 
and  upon  bases  fni-nisiicd  liy  tlic  said  Ass^cnibly,  to  wliicb  it 
strictly  adhered. 

It  is  claimed  in  the  argument  of  Nicaragua  that  the  treaty  of 
1858  involved  a  cession  or  alienation  of  the  national  territory, 
and  that,  under  tiiis  circumstance,  wbich  dismembered  the 
State,  the  treaty  could  have  iu>  value  without  the  recjuisites 
pres<*ribc(l  foi*  (;oii^litiitional  amcnihncnts  being  first  complied 
with. 


63 

There  is  error  in  believing  that  the  treaty  liad  the  effect  of 
transferring  to  Costa  Rica  a  portion  of  the  territory  of  Nicara- 
gua. This  lias  already  been  proved.  But,  even  supposing  that 
such  a  transfer  was  made,  the  treat}'  would,  nevertlieloss,  be 
valid,  because  the  Nicaraguan  Legislative  Power,  according  to 
Article  109  of  the  Constitution  of  1838,  had  authority  to 
alienate  the  national  territory  witliout  needing  foi-  tliat  purpose 
to  amend  the  Constitution.  And  if  a  simple,  ordinary  legisla- 
ture had  that  power,  the  Constituent  Assembly  of  1858,  which 
represented  the  nation  without  any  of  the  limitations  of  an  ordi- 
nary Congress,  must  also  have  had  it  with  still  more  reason. 

See  what  tlie  above-said  Article  109  of  the  Constitution  of 
1838  says  in  this  respect : 

"  It  belongs  to  the  legislative  power  of  the  State — 

"  1st.  To  enact,  interpret,  and  abrogate  the  laws  when  neces- 
sary. 

"9th.  To  resolve  what  may  be  advisable  about  the  adminis- 
tration, preservation,  and  alienation  of  all  pkoperty  of  the 
State." 

The  defense  of  Costa  Rica  tries  to  disguise  as  much  as  it 
can  the  constituent  character  of  the  Assembly  of  1858  which 
approved  the  treaty  ;  but,  even  supposing  that  it  had  been  a 
mere  ordinary  Congress,  or  Legislature,  bound  to  act  necessarily 
within  the  limits  of  the  Constitution  of  1838,  and  also  that  the 
treaty  involved  an  alienation  of  State  property,  that  ordinary 
Congress  had,  however,  full  power  to  give  its  approval  to  the 
treaty  without  transgressing  tlie  Constitutional  rules. 

It  is  well,  therefore,  for  Vattel  to  say  that  the  Chief  of  the 
State  cannot  alienate  its  territory,  and  that  the  nation  itself 
must  do  it.  This  principle  was  precisely  the  one  which  was 
applied  to  the  present  case.  The  nation  itself,  by  means  of  a 
Constituent  Assembly,  approved  the  treaty,  and  nothing  else 
can  be  demanded. 


Chapter    VII. 

WHETHER  THE  TREATV   OF  1858  WAS   EXCHAN3ED   BEFORE   IT  WAS   RATIFIED. 

Thk  title  of  this  chapter  indicates  the  assertion  of  one  of  the 
three  reasons  ^^iven  l)y  the  representative  of  Nicarao;na  in  sup- 
port of  the  chiini  that  the  treaty  of  1858  is  null  and  void. 

It  is  alleged  that,  under  Article  XII  of  that  instrument,  it 
had  to  he  ratified,  and  the  ratifications  exchanged  within  forty 
days  after  its  conclusion  ;  that  the  exchange  was  made  on  April 
26th  of  the  same  year  hy  the  Presidents  of  Costa  liica  and 
Nicaragua,  before  tiie  treaty  was  approved  hy  the  Assembly  ; 
that  the  treaty  was  approved,  not  ratified,  on  June  4  subse- 
(jucnt,  when  thirty-eight  days  had  already  elapsed  since  the 
date  of  the  exchange  ;  and,  lastly,  that  the  day  on  which  the 
Assembly  gave  its  approval,  the  period  of  40  days  fixed  l)y  the 
treaty  for  the  exchange  had  expired. 

This  new  argument  of  Kicarngua  is  as  weak  and  untenable 
as  all  others  set  forth  by  her. 

It  would  1)6  necessary  that  neither  the  Presidents  of  Costa 
Pica  and  Nicaragua,  nor  their  respective  Cabinets,  nor  the 
Chaml)ers  of  either  Republic,  nor,  in  one  word,  any  person 
whatsoever  in  the  two  countries,  knew  at  the  time  of  the  cele- 
bration (»f  the  treaty  the  meaning  of  the  w^rd  ratification  used 
therein,  nor  the  importance  and  transcendency  of  the  act  ex- 
pressed by  it,  nor  its  indispcnsalile  prioi-ity  to  the  exchange,  to 
bup])ose  that,  notwithstanding  the  express  provision  of  the 
trcatv,  they  decided  to  make  the  exchange  without,  a  j)rcvi()U8 
ratification,  and  without  being  fully  ]>ersuaded  that  the  form 
in  which  the  said  ratification  had  been  imparted  was  sutlicient 
and  valid. 

It  can  never  l»e  admitted  that  serious  men  could  have  com 
promiseii  in  such  an  inconsiderate  way  the  acts  of  two  Gov- 
ernments, and  the  tianscendency  of  a  compact  of  such  impor- 


65 

tance  as  the  one  fixing  the  limits  l)etween  the  two  countries, 
purporting  to  he  a  settlement  of  protracted  questions,  and  a 
happy  termination  of  an  unpleasant  state  of  things,  vviiich,  con- 
sequently, was  received  hy  the  people  of  both  countries  with 
signs  of  jubilation,  more  so,  perhaps,  by  Nicaragua  herself, 
who  went  so  far  as  to  confer  the  rank  of  a  general  in  her 
army  on  the  Salvadorian  mediator. 

According  to  the  decree,  to  be  found  elsewhere  in  this  reply? 
the  Constituent  Assembly  of  Nicaragua,  in  use  of  the  full 
power  vested  in  it,  delegated  to  the  Chief  Magistrate  of  the 
nation  for  the  sake  of  l^revity,  and  owing  to  the  importance  of 
the  matter,  the  faculty  to  ratify  the  treaty,  |)rovided  that  it  was 
in  accordance  with  the  bases  that  had  been  communicated  to 
him  for  his  guidance. 

In  this  there  was  no  irregularity  of  any  kind,  because  the 
people  tiiemselves,  by  means  of  their  representatives  entrusted 
with  framing  the  organic  law,  had  a  perfect  right  to  delegate 
their  faculties  to  whomsoever  they  pleased  ;  and  there  was  no 
harm  either,  whatever  the  gravity  of  the  subject  might  have 
been,  because,  as  long  as  the  act  was  performed  in  strict  accord- 
ance with  tiie  insti'uctions  and  bases  given  l)y  the  Assembly, 
the  Assembly  itself  was  in  reality  the  party  which  concluded 
the  treaty,  and  the  ratification  became  unnecessary,  or,  better 
to  say,  it  was  given  beforehand. 

That  the  treaty  of  limits  of  1858  did  not  go  a  single  point 
beyond  the  instructions  given  by  the  Asseujbly  is  clearly 
proved  b}"  the  fact  of  the  approval  which  that  body  imparted 
to  it,  and  furthermore  by  the  unanimous  and  warm  acceptance 
which  it  received  by  the  public  press  of  Nicaragua  and  b}'  the 
whole  nation,  as  well  as  by  the  immediate  execution  of  its 
provisions  and  its  enforcement  during  a  long  period  of  time. 

The  very  fact  of  the  approval  of  the  treaty  by  the  Assembly, 
which  is  invoked  as  an  argument  in  support  of  the  alleged 
want  of  ratification,  proves  a  posteriori  that  that  body  con- 
sidered both  the  treaty  and  the  exchange,  in  the  form  in  which 
they  were  made,  and  the  time  thereof,  as  perfectly  valid  acts ; 
5 


66 

because,  otherwise,  if  the  Assembly  had  thought  that  the  requi- 
site of  ratilication  was  wanting,  it  either  would  have  ratified  it, 
if  so  deemed  advisable,  or  would  have  withheld  its  sanction  ex- 
pressly, whether  on  the  ground  that  the  treaty  did  not -suit 
its  ideas,  or  because  the  forty  days  agreed  upon  fory  the  ratifica- 
tion or  exchange  had  elapsed.  Therefore  if  the  Assembly, 
with  full  knowledge  of  the  manner  in  which  the  treaty  was 
celebrated  and  of  the  way  and  date  in  which  the  exchange 
was  made,  and  of  the  fact  th;it  the  period  agreed  upon  for  the 
ratification  had  passed,  approved  the  treaty,  it  is  evident  that 
it  judged,  as  was  the  truth,  that  the  treaty  had  been  legally 
and  in  due  time  ratified  by  the  President,  in  use  of  the  special 
faculties  which  had  been  vested  in  him  for  that  purpose. 

To  think  (otherwise  would  be  equivalent  to  saying  that  the 
most  eminent  men  of  Nicaragua,  who  formed  the  Constituent 
Assembly  of  1858,  were  incapalde  of  seeing  such  palpable  de- 
fects as  those  which  are  now  alleged,  and  that  that  incapacity 
was  carried  to  the  extreme,  because  it  was  exhibited  in  regard 
to  a(!ts  of  their  own,  just  publicly  accomplished. 

The  very  same  words  of  President  Martinez  and  the  Assem- 
bly in  regard  to  the  treaty  clearly  slit)W  what  their  intention 
was,  and  what  was  tlie  esjjecial  course  which,  according  to  the 
abnormal  condition  of  the  Republic  and  the  peculiar  chai'acter 
of  the  subject,  they  had  intended  to  pursue.  Those  words  also 
show  that  they  had  a  clear  insight  into  what  they  were  doing. 
The  President,  contrary  to  the  general  custom,  because  the 
Executive,  as  a  genei'al  rule,  confines  its  action  only  to  the 
approral  of  the  treaties,  ratified  the  one  of  1858  ;  and  the 
Assembly,  difi'ei'cntly,  also,  from  the  usual  custom  of  those 
bodies  which  wxv.  called  to  kapifv  the  international  Conven- 
tion, (•(Uilined  itself  ro  aim'ko\  lo  the  one  herein  ivferred  to. 

The  President  ratified,  bet^ause  he  had  delegated  authority 
to  do  so  ;  and  the  Assembly  approved,  be(tause  what  is  already 
ratified  needs  no  further  rati(i(;ation. 

The  ti-caty  of  1858  was,  fherc^foi-e,  ratilie<l  by  the  oiu;  who 
had  full  authoiity  fo  do  ko,  and   the  ratification,  as  well  ats  tlie 


67 

exchange,  took  place  within  the  stipulated  time.  With  this 
the  remark  made  by  the  representative  of  Nicaragua  as  to  the 
want  of  exchange  of  the  treaty,  after  its  approval  by  the  As- 
sembly, lias  been  answered. 

This  fact,  which  is  correct,  corroborates  the  efficiency  which 
Costa  Rica,  as  well  as  Nicaragua,  gave,  l)oth  at  the  time  of  the 
conclusion  of  the  ti'eaty,  and  during  fourteen  years  of  uninter- 
rupted compliance  with  it,  to  the  i-atitication  made  by  the  Presi- 
dent and  to  the  exchange  which  followed  it.  Costa  Rica  never 
thought  of  asking  for  any  exchange  of  the  treaty  after  the  ap- 
proval by  the  Assembly,  because  none  was  to  be  made.  The 
exchange  had  already  been  made  within  the  period  fixed  by 
the  treat}',  and  not  only  with  all  the  required  solemnity,  but 
with  luxury  of  forms,  as  I  have  explained  elsewhere. 


Chapter    VIII. 

^'HETHER  THE  TREATY  OF  1858  WAS  RATHER  IMPOSED  UPON  NICARAGUA  THAN 
ACCEPTED  BY  HER. 

In  tlie  preceding  argument  of  Costa  Rica,  Chapter  XI  of  the 
Second  Part,  the  true  hi&tory  of  the  negotiations  which  cuhni- 
nated  in  the  convention  of  limits  of  x\pril  15,  1858,  was  given 
with  minute  correctness,  supported  by  documents.  It  would, 
therefore,  he  idle  for  Costa  Rica  to  say  here  any  tiling  further 
in  regard  to  that  point,  if  she  were  not  compelled  to  rectify 
(certain  assertions  made  in  tlie  Ai-gument  of  Nicaragua,  which 
are  absolutely  at  variance  with  truth. 

The  said  Argument  set  forth  utiiriuati\ely  that  C'ostu  Rica, 
in  flagrant  violation  of  international  law,  without  a  previous 
declaration  of  war,  and  with  the  animus  of  taking  possession 
by  force  of  a  portion  of  the  Nicaraguan  tei-ritory,  which  all 
her  diplomatic  efforts  had  not  been  able  to  secure,  protiting  l)y 
the  state  of  })i'ostrati(in  in  whicli  Nicaragua  was  at  that  time, 
invaded  her  territory  and  occupied  the  San  Juan  river,  which 
gave  occasion  to  the  intervention  of  Salvador,  and  to  tlie  treaty 
of  1858  "imposed  upon  Nicaragua  rather  tliaii  accepted  by 
her." 

It  is  a  fact  of  in(nsputab]c  notoriety  tliat  one  and  all  of  tlie 
j)r(>positions  which  I  have  just  transcribed  are  in  opposition  to 
hi>fiti-ic;il  truth. 

Costa  iiica  and  the  otiier  States  of  Central  America,  except 
Nicaragua,  enjoyed  in  ISf)*')  the  bcnclits  of  peatu^ ;  but  tlie 
civil  .struggles  between  (iranaijine.s  juitl  Leonesc  furnished  oc- 
casion and  reason  for  the  war  wliieh  (^osta  Rica,  Guatemala, 
Honduras,  and  Salvador  were  eomj)clled,  in  sj)ite  of  them- 
selves, in  union  with  :i  |ioition  of  the  people  (»f  Nicaragua,  to 
wage  against  General  \\'illi:ini  ^Valker,  the  ursurper  of  the  [)ub- 
lic  power  in  the  latter  eounli-y. 


69 

All  the  allied  nations  remained  more  or  less  prostrated  on 
account  of  that  war,  and  none  certainly  more  so  than  Costa 
Kica  and  Nicaragua,  which  hure  the  greatest  part  of  its  bur- 
den. 

Tlie  differences  concerning  territorial  limits  were  ahsolutely 
forgotten  under  tho.<e  circumstances  of  common  danger  for 
all  Central  America.  And  if  Costa  llica  carried  her  forces 
to  Nicaragua,  as  she  certainly  did,  it  was  not  as  an  invader  or 
enemy,  but  as  a  friend  and  ally ;  and  if  slie  took  possession  of 
Walker's  steamers  and  with  them  ruled  over  the  !San  Juan 
river  and  the  Lake,  she  did  so  with  the  a])proval  and  consent 
of  the  Ni(;araguan  party  which  struggled  for  the  independence 
of  their  country,  and  iti  pursuance  of  a  treaty  of  alliance,  of- 
fensive and  defensive,  with  all  the  other  States  of  Central 
America,  solemnly  promulgated  and  approved  and  applauded, 
not  only  l)y  every  good  Nicaraguan  and  the  wliole  Central 
American  people,  but  by  otlicr  nations  whose  safety  had  been 
indirectly  threatened. 

Tiie  only  protest  which,  under  those  circumstances,  was 
raised  against  Costa  Rica,  was  on  the  part  of  Walker  and  his 
followers.  But  he,  in  Nicaragua,  was  only  an  usurpei',  l)oth 
hateful  and  tyrannical. 

The  seizure  of  the  steamers  and  the  control  of  the  river  and 
the  Lake  is  one  of  the  greatest  sources  of  pride  and  national 
glory  for  Costa  Rica.  That  exploit  was  the  severest  blow  ever 
inflicted  upon  the  growing  power  of  Walker,  as  he  himself  ac- 
knowledged in  his  history  of  the  Nicaraguan  war.  The  docu- 
ments and  publications  of  tliat  time  all  agree  in  considering 
those  facts  as  decisive  of  the  final  victory. 

It  is  therefore  scarce!}'  conceivable  that  this  being  the  case 
the  name  of  flagrant  violation  of  international  law  should  be 
given  to  the  most  signal  act  of  assistance  and  friendship  which 
Nicaragua  could  receive  under  those  circumstances. 

To  co-oporate  as  an  ally,  to  redeem  a  sister  nation  from  the 
foreign  yoke  to  which  she  had  been  subjected,  and  which  she 
after  a  severe  struggle  had  proved  to  be  powerless  to  shake  off. 


70 

is  not  to  violate  international  law,  but,  on  the  contrary,  fulfill 
perhaps  excessively,  the  duty  of  reciprocal  assistance  which 
sister  nations  like  those  of  Central  America  owe  to  each  other. 

Costa  Rica  retained  during  the  war  tlie  positions  which 
she  had  gained  bv  her  effort,  in  order  that  they  would  not 
fall  again  into  the  hands  of  the  enemy  to  the  prejudice  of 
all  the  allies.  But  Nicaragua,  as  soon  as  she  saw  the  promi- 
nence which  her  neighbor  had  reached  became  jealous  and  diffi- 
dent, and  in  the  moment,  which  certainly  was  the  least  op- 
portune, took  up  the  forgtoten  question  of  limits. 

This  action  gave  occasion  to  unpleasantness  which  might 
have  led  to  war,  if  the  prudence  of  Costa  Rica  had  not  avoided  it. 

Finally,  owing  in  great  part  to  the  efforts  of  Salvador,  all 
the  differences  were  compromised  and  adjusted  by  the  treaty 
of  1858,  which  was  initiated,  negotiated,  ratified,  exchanged, 
promulgated,  and  enforced  after  Nicaragua  was  in  full,  quiet, 
and  peaceful  possession  of  her  waters,  her  territory,  her  for- 
tresses, her  ports,  and  her  cities  and  towns,  and  when  she  was 
at  the  most  perfect  peace,  cordiality,  and  harmony  with  Costa 
Rica. 

To  say,  therefore,  tliat  the  treaty  of  1858,  rather  than  ac- 
cepted by  Nicaragua,  was  imposed  upon  her  by  Costa  Rica,  is 
asserting  a  fac-t  not  only  absolutely  at  variance  with  truth, 
but  offensive  to  Nicaragua,  who  is  supposed  thereby  to  be 
capable  of  signing  an  unaccejitable  treaty,  for  fear  of  incur- 
ring the  anger  of  iier  neighbor. 

Such  conclusions  are  reached  when  a  cause  is  defended  with 
argunjcnts  not  resting  up<'n  truth. 


(/  H  A  P  T  K  R     IX. 

WHETHER  THE  TREATY  OF  LIMITS  IS  NULL  FOR   WANT   OF   RATIFICATION    BY 
THE  GOVERNMENT  OF  SALVADOR. 

In  Chapters  X,  XII,  XIII,  and  XIV  of  the  Second  Part  of 
tlie  precedhig  Argument  of  Costa  Rica,  the  questions  arising 
out  of  the  want  of  ratification  of  tlie  treaty  of  1858  by  the 
Repuhlic  of  Salvador  were  fully  considered,  and  it  was  shown 
therein  that  that  want  of  ratitication  does  not  affect  in  any 
way  ov  manner  the  validity  of  the  compact  as  to  the  principal 
contracting  parties. 

The  reasons  which  the  defense  of  Nicaragua  alleijes  in  the 
Argument  to  which  I  reply  have  been  already  amply  refuted 
in  the  Argument  of  Costa  Rica ;  and,  indeed,  there  is  not  a 
single  passage  in  the  Nicaraguan  Argument  which  needs  now 
to  be  answered. 

The  whole  reasoning  of  Nicaragua  upon  this  sul)ject  can  be 
summed  up  in  the  following  propositions  : 

A. — The  guarantee  of  Salvador  was  a  stipulation  introduced 
into  the  treaty  to  the  exclusive  benefit  of  Nicaragua  and  against 
Costa  Rica. 

But  this  proposition  cannot  be  maintained  in  the  presence 
of  Article  IX  of  the  same  treaty,  which  reads  as  follows : 

"  Under  no  circumstances,  and  even  in  case  that  the  Repub- 
lics of  Costa  Rica  and  Nicaragua  should  unhappily  find  them- 
selves in  a  state  of  war,  neither  of  them  shall  be  allowed  to 
commit  any  act  of  hostility  against  the  other,  whether  in  the 
port  of  San  Juan  del  Norte  or  in  the  San  Juan  river  or  the 
Lake  of  Nicaragua." 

As  it  is  seen,  the  stipulation  is  mutual,  and  introduced  for 
the  benefit  of  both  countries,  and  ecpially  restraining  upon 
them — not  by  any  means  a  right  for  one,  and  a  charge  upon 
the  other,  as  Nicaragua  pretends. 


72 

B. — The  guarantee  of  Salvador  was  the  principal  considera- 
tion which  inchiced  ]S"icaragna  to  assent  to  the  treaty. 

Should  this  be  true,  Nicaragua  would  not  have  shown  quite 
as  niucli  anxiety  as  Costa  Rica  for  settling  the  question  of 
limits  which,  for  more  than  thirty  years,  had  kept  the  two 
countries  in  a  constant  state  of  uneasiness.  Neither  would  she 
have  shown  so  much  interest  in  acquiring  peacefully,  and  in  a 
manner  not  subject  to  contradiction,  the  southern  shore  of  the 
Great  Lake,  and  a  portion  of  the  right  bank  of  the  San  Juan 
river,  as  well  as  the  portion  of  territoi-y  which  the  treaty  gave 
her  south  of  the  Sapoa  and  La  Flor  rivers, — or  in  securing  the 
perpetual  alliance  of  Costa  Rica  for  the  defense  of  the  San 
Juan  river  and  the  port  of  San  Juan,  and  acquiring  the 
eminent  domain  and  sovereignty  over  the  watei'S  of  the  San 
Juan  river,  in  which  she  only  had,  up  to  that  time,  the  right 
of  possession  in  common, — or  in  releasing  herself  from  the  pay- 
ment of  the  considerable  amount  of  money  which  she  owed  to 
Costa  Rica.  Nothing  of  this  would  have  happened  if  the 
treaty  had  been  intended  merely  to  secure  for  Nicaragua  the 
important  right  of  not  being  harassed  by  hostilities  by  her 
neighbor  on  the  waters  of  the  San  Juan  river  and  the  other 
plactes  designated.  See,  therefoi-o,  how  far  from  being  correct 
is  the  proposition  under  consideration. 

C. — The  treaty  of  limits  was  a  tripartite  convention,  and 
cannot  have  either  value  (»r  effect  without  the  unanimous  con- 
sent of  all  the  parties  who  subsciibed  to  it. 

The  inexactness  of  this  proj^dsilion  is  self  evident,  when  it 
is  considered,  as  has  been  superabundantly  proved,  that  the 
Government  of  Salvador  was  not  an  essential  party  to  the 
treaty  of  limits  between  Costa  Rica  and  Nicaragua,  l)Ut  that 
it  was  primarily  a  fi'iciKllv  mediator  and  siibsc(inently  a  sec- 
ondary l)arty,  as  surety  <»r  guai'antor,  a  character  which  could 
di>apj)car  without  affecting  in  the  least  the  ])rincipal  obligation. 

I). —  If  the  consent  ol  all  the  jiartics  is  wanting,  and  one  of 
the  ^tipnIalionsof  the  treaty  falls  thereby,  the  whole  treaty  must 
also  fall,  because  *'  any  special  advantage  conceded  by  a  party 


73 

under  any  one  article  of  the  compact  is  in  consideration  of  all 
the  advantages  enjoyed  by  the  same  party  under  tliat  and  all 
other  articles  of  the  ti-outy. 

To  support  tliis  coiiclusion  a  passage  of  an  opinion  of  Mr. 
Cushing,  Attorney-General  of  tlie  United  States,  has  been 
quoted. 

If  Nicaragua  pretends  by  this  argument  that  tlie  guarantee 
in  favor  of  the  stipulation  of  Article  X  of  the  treaty  oifered 
by  the  Minister  of  Salvador  in  the  name  of  his  Government 
is  one  of  those  special  advantages  conceded  to  one  party  by 
the  other  in  exchange  and  in  compensation  of  all  the  other 
advantages  that  the  granting  party  enjoys  under  the  whole 
compact,  the  structure  of  her  argument  proves  to  be  faulty. 

The  guarantee  spoken  of  was  not  a  special  advantage  for 
Nicaragua,  nor  was  it  conceded  by  Costa  Rica,  but  it  was,  as 
plainly  expressed  by  the  language  of  the  Article,  a  mutual  ad- 
vantage stipulated  in  favor  of  the  two  contracting  nations 
without  difference  or  preference  of  any  kind  between  them, 
and  in  consideration  of  nothing  else  than  a  mere  general  Cen- 
tral American  interest  felt  by  a  third  party,  which  was  the 
Government  of  Salvador. 

So  that,  even  following  the  course  of  reasoning  of  the  de- 
fense of  Nicaragua  in  regard  to  this  point,  and  even  admitting, 
what  cannot  be  admitted  without  doing  extreme  violence  to 
the  doctrine  of  contracts,  that  the  promise  or  guarantee  with- 
out sufficient  consideration  was  not  a  simple  nudus  pactus, 
having  no  more  value  tlian  that  of  the  paper  upon  which  it 
was  written,  the  result  would  always  bo  that  the  said  doctrine 
has  no  application  in  this  case. 

If  the  party  who  "conceded,"'  or  offered  to  concede,  that 
"advantage  "  had  been  Costa  Rica,  the  application  of  the  doc- 
trine might  take  place,  because,  in  that  case,  the  advantage, 
whether  special  or  not,  conceded  by  her  might  be  claimed  to 
be  in  consideration  of  all  the  other  advantages  which  the 
whole  of  the  treaty  secured  for  her.  But,  as  the  alleged  "  ad- 
vantage "  is  nothing  which  one  of  the  parties  offered  to  the 


74 

other,  but  soraetliing  that  was  offered  to  the  two  equally  aud 
at  the  same  time  by  a  third  party,  who  acted  as  a  mediator,  it 
is  plain  that  it  could  not  form  part  of  the  consideration  of  the 
treaty.  The  advantage  was  not  granted  by  Costa  Rica,  and, 
therefore,  it  cannot  be  understood  to  be  a  consideration  for  the 
"  advantages  ''  which  the  whole  treaty  stipulated  in  her  favor. 

The  opponent  has  tried  to  dazzle  the  upright  and  impartial 
criterion  of  tlie  Arl)itrator  by  referring  to  a  passage,  both  in- 
complete and  inapplicable,  of  an  opinion  of  Mr.  Cushing. 

True  it  is  that  on  October  14,  1853,  that  disthiguished  jurist 
was  called  upon  by  the  Secretary  of  State  of  tlie  United 
States,  Mr.  Marcy,  to  give  his  opinion  upon  a  certain  preten- 
sion of  the  Charge  d'Affaires  of  Denmark  in  this  country,  to 
tlie  effect  that  certain  seamen  who  had  deserted  a  Danish  ves- 
sel should  be  surrendered  to  him  on  the  ground  that  the  United 
States,  by  treaty  with  the  Government  of  Sweden,  had  bound 
themselves  to  do  so  when  the  deserting  seamen  were  Swedish, 
and  that  Denmark  under  the  clause  "  of  most  favored  nation," 
stipulated  in  the  treaty  celebrated  with  her,  was  entitled  to 
enjoy  the  same  advantage. 

Mr.  Cushing  maintained  that  if  the  grant  made  in  favor  of 
Sweden  had  been  gratuitous,  Denmark  might  have  the  right, 
under  her  own  treaty,  to  share  like  benefits.  But  that,  whereas 
the  "  advantage  "  conceded  to  Sweden  was  something  inti- 
mately connected  with  all  the  other  "  advantages "  granted 
by  her,  it  was  not  possible  to  extend  it  to  Demnark  under 
the  clause  "  of  most  favore<l  nation,"  unless  under  circum- 
stances entirely  identical  and  upon  Denmark's  giving  the  en- 
tiret}'  of  the  compensation  granted  by  Sweden.' 

It  is,  therefore,  plain  that  the  defense  of  Nicaragua,  picking 
up  detached  phrases  of  a  respectable  text,  distorts  its  meaning. 

And  the  ])roof  thereof  is  that  Mr.  Cushing  himself,  in  the 
same  opinion  and  a  few  lines  below  the  passage  (Quoted  by  the 


'()i)ini()ns  of  tlie  AttorneysQeneral  of  the  United  States,   vol.  vi,  page 
148. 


75 

opponent,  says  that  "  neither  party  to  a  twiaty  can,  of  its  mere 
will  and  pleasure,  abrogate  such  agreement,  except  under 
agreed  conditions;"  and  tiiat  "the  league,  ^'/^«mei?i,  can  be 
rightfully  dissolved  only  by  tlie  same  n)utuality  of  c(jnsent  by 
which  it  was  tied,"  which  being  brought  and  applied  to  the 
present  case  teaches  Nicaragua  that  the  treaty  which  she  made 
with  Costa  Rica,  giving  away  certain  things  a^id  receiving 
others  in  exchange,  cannot  be  rescinded,  for  the  mere  reason 
that  such  agreement,  for  some  cause  or  other,  does  not  now  suit 
her  convenience ;  and  that  on  the  contrary  she  has  to  admit  it  as 
valid  and  efficient  as  she  has  willingly  done  for  many  years. 


Chapter    X. 

WHETHKR    NICABAGXJA   CAN    REPUDIATE  THE  TREATY   OF  LIMITS    FOR  BEING 

PERNICIOUS. 

« 

One  of  the  arguments  of  the  learned  opponent  in  favor  of 
tlie  nullity  of  the  treaty  consists  in  the  allegation  tliat  Nic- 
aragua was  injured  by  it. 

"  It  is  laid  down  by  Vattel,"  says  the  Argument  of  Nic- 
aragua, "  that  a  treaty  pernicious  to  the  State  is  null,  and  not 
at  all  obligatory,  as  no  conductor  of  a  nation  has  the  power 
to  enter  into  engagements  to  do  sucli  things  as  are  capable 
of  destroying  the  State,  for  whose  safety  the  Govern rnent  is 
entrusted  to  him  ; ''  and  in  further  proof  of  this  assertion, 
the  same  argument  refers  to  the  precedent  of  the  treaty  of 
Madrid  of  1526  between  Emperor  Charles  V  and  the  King 
of  France,  Francis  I;  and  also  the  renunciation  of  Maria 
Theresa.  From  here  it  concludes  that  the  treaty  whicli  fixed 
the  territ(jrial  limits  of  the  two  nations  twenty-nine  years  ago 
must  i)e  consigned  to  oblivion,  and  stricken  from  the  Statute 
Books  of  Nicaragua. 

The  first  thing  to  be  said  in  answer  to  this  argument  is  that 
neither  the  (pujtation  from  Vattel  is  complete,  nor  is  the  case 
referred  to  by  that  illustrious  author  in  tlie  passage  quoted  the 
same  as  the  ticaty  of  Nicaragua.  In  the  san)c  place,  in  which 
Vattel  explains  what,  in  his  judgment,  nmst  be  done  with  per- 
nicious treaties,  tiuif  is  in  5^  KiO  of  Cha])ter  XII,  Book  II,  oi 
his  >taii<K'ird  wurk  on  the  "  Law  of  Nations,"  lie  recommends 
the  reader  to  turn  his  eyes  t<i  some  otlier  portion  of  his  work, 
and  coii.-'idei-  what  he  himself  liad  said  in  former  paragraphs 
of  the  same  (chapter  and  P)Ook,  and  also  in  (chapter  XXI  of 
the  prc-ceding  pKnik  I. 

There  Vaffel  says  as  foHows: 

"  A  treaty  is  valid   when    there  is  no  vi(;e  in  the  manner  in 


77 

which  it  was  coiichided,  and  for  this  nothing  else  can  he  de- 
manded than  a  sutKcient  power  in  the  contracting;  parties 
and  their  mutual  consent  sufficiently  declared."  ' 

The  same  distino^uished  writer  says  in  continuation  as  follows : 

"  7%e  hardship  {lessio)  cannot  make  a  treaty  invalidr  The 
one  who  enters  into  a  contract  must  look  well  on  what  he  does 
and  weigh  with  care  everything  before  giving'  his  consent. 
He  can  do  whatever  he  pleases  with  wliat  is  his ;  he  can  waive 
his  rights  or  give  up  his  advantages,  and  the  other  party, 
although  benefitted  by  liis  action,  has  no  obligation  to  in- 
quire into  the  reasons  which  moved  him  to  act,  or  to  weigh 
the  just  value  of  his  acts,  ^tf  treaty  conld  he  repudiated  he- 
cause  one  of  the  parties  to  it  deems  itself  wronged  there  would 
he  nothing  lasting  in  the  contracts  among  nations." 

"  The  happiness  and  pea(!e  of  the  nations  manifestly  demand 
that  tlieir  treaties  should  not  depend  upon  a  cause  of  nullity 
so  vague  and  dangerous."^ 

We  are  taught  upon  the  authority  of  the  same  great  writer 
that  those  treaties  which  settle  by  means  of  a  comproniiso  dif- 
ferences among  nations,  although  necessarily  implying  losses  and 
renunciations,  sometimes  of  considerable  importance,  are  not 
only  valid  but  highl}'  commendable. ^ 

"  It  is  commonly  laid  down,"  says  Bernard,  "  that  neither 
the  plea  of  '  duress,'  nor  that  of  lessio  enormis  (a  degree  of 
hardship  that  is  so  plain  and  gross  that  the  sufferer  cannot  be 
supposed  to  liave  contemplated  what  he  was  undertaking)  rec- 
ognized directly  or  circuitously,  in  one  form  or  another,  by 
municipal  law,  both  ancient  and  modern,  can  l)e  allowed  to  jus- 
tify the  non-fulfilment  of  a  treaty."^ 

But  even  in  case  that  tlie  treaty  of  limits  which  Nicaragua 
signed,  ratified,  and  promulgated  in  1858,  subjected  her  to 
losses,  and   really  did   injury,  is  it  not   plain  that   such  injury 


§  141,  Chapter  xii,  Book  ii.  '  g  329,  Cbaplcr  xviii,  Book  ii. 

§  158,  Chapter  ii,  Book  ii.  'Bernard  on  Diplomacy,  85. 

Dr.  Wharton's  Digest,  Chapter  vi,  §  132,  Vol.  ii,  p.  5. 


78 

cannot  be  other  than  that  naturally  involved  in  all  compro- 
mises ? 

Such  a  commendable  manner  of  putting  an  end  to  litigation, 
as  a  compromise  is,  implies  by  its  own  essence  on  the  part  of 
both  contracting  parties  the  sacrifice  of  some  rights,  no  matter 
how  well  founded,  and  thus  excludes  at  once  all  idea  that  it  is 
possible  to  rescind  it  on  account  of  hardship. 

If  an  injury  of  that  kind  is  alleged  by  Nicaragua  for  the 
purpose  of  causing  the  treaty  of  1858  to  fall,  with  how  much 
more  reason  could  Costa  Rica  allege  it  ?  She  lost  by  the 
treaty  the  eminent  domain  on  the  San  Juan  river,  and  her  condi- 
tion and  rights  as  a  riparian  State  for  an  extent  equal  to  the 
third  part  of  the  course  of  the  river  and  the  whole  of  the 
southern  part  of  the  Lake  ;  and,  furthermore,  she  lost  a  con- 
siderable zone  of  territory  on  the  Papagallo  Isthnnis  from  the 
La  Flor  river  to  the  centre  of  the  Salinas  Bay. 

The  above  stated  doctrine,  held  l)y  the  laws  of  all  civilized 
nations  to  be  correct,  is  obvious  ;  and  there  is  no  writer  on  In- 
ternational Law  who  contradicts  it. 


Ohaptek    XI, 


CONSTANT  RECOGNITION  BY  NICAKAGUA  UNTIL  1872  OF  THE  VALIDITY  OF  THE 
TREATY  OF  LIMITS. 


There  is  a  point  extensively  treated  in  the  Argument  of 
Costa  Rica,  upon  whicli  not  a  word  would  be  added  in  the 
present  reply,  if  Nicaragua  had  not  boasted  in  her  Argument 
of  the  firnuiess  with  which  for  many  continuous  years  she  has 
maintained  the  invalidity  of  the  treaty  of  1858. 

In  contrast  with  the  persistence  with  which  it  is  true  that 
Nicaragua  has  maintained,  sul)sequent  to  1872,  the  above  said 
idea,  I  shall  present  now  some  facts  not  set  forth  in  my  former 
Argument,  which  testify  to  the  respect  which  that  treaty  re- 
ceived in  Nicaragua  prior  to  that  year. 

The  preliminary  arrangement  Volio-Zelaya,  signed  in  San 
Jose  on  July  13,  1868,^  shows  that  on  that  date  the  Govern- 
ment of  Nicaragua  recognized  the  force  of  the  treaty  of  limits. 
Otherwise  the  said  Government  would  not  have  tried  to  secure 
the  acquiescence  of  the  Government  of  Costa  Rica  for  the  im- 
provement of  the  San  Juan  river  and  of  the  Bay  of  San  Juan 
del  Norte  which  was  then  in  project. 

Another  fact  is  the  f(jllowing : 

The  ofticial  newspaper  of  Nicaragua,  in  commenting  upon 
the  speech  of  Licentiate  Don  Jesus  Jimenez,  President  of 
Costa  Rica,  in  the  ofhcial  reception  of  Senor  Don  Mariano 
Montealegre,  Envoy  Extraordinary  and  Minister  Plenipo- 
tentiary of  Nicaragua,  expressed  itself  in  the  following  re- 
markable language : 

"  But  Nicaragua  and  Costa  Rica  find  themselves  in  condi- 
tion on  account  of  their  toj)Ofjraphic  position,  if  it  is  so  desired^ 
to  strengthen  still  viore  these  bonds,  and  work  with  greater 


See  Document  No.  53. 


80 

effort  in  uniting  their  interests  fur  tJie  sal'e  of  hnnian  pro- 
gress T 

"  The  San  Juan  river ^  while  dividing  the  two  States  terri- 
torially, mixes  in  snch  a  way  in  its  bount'fid  waters  the  com- 
mercial intei'ests  of  both  nations,  as  not  to  allow  either  one  to 
he  indifferent  to  anything  happening  on  itT 

This  was  written  on  May  22,  1869,  and  it  shows  that  at  that 
date  it  was  still  in  the  mind  of  Nicaragna  that  the  stipulations 
of  the  treaty  of  1858  were  binding  upon  her. 

A  few  days  afterwards  civil  war  came  again  to  afflict  that 
country.  Among  the  instructions  whicli,  with  supreme  ap- 
proval, were  given  to  tlic  Military  Inspector  of  tlie  Lake  and 
San  Juan  river,  the  following  appears : 

"The  line  of  the  San  Juan  river  is  one  of  the  most  impor- 
tant positions  which  the  Government  needs  to  retain.  The 
efforts  of  the  revolution  may  be  made  on  that  side.  *  *  * 
To  strike  a  blow  upon  that  Ihie  is,  therefore,  the  best  thing  to 
be  done,  because  they  (the  enemies)  ma}'  attempt  to  take  pos- 
session of  the  frontier  of  Costa  Rica  to  make  of  it  the  bases 
of  their  operations." 

"  It  may  also  happen  that  the  Government  of  Costa  Rica, 
alarmed  by  the  revolution  of  Nicaragua,  *  *  *  acting 
with  e.Kaggerated  zeal,  and  possil)ly  trusting  in  the  inability  of 
the  Government  ctf  this  Re}Mil)lic  to  protkot  the  points  on 
THIS  LINK,  may  attemjit  to  take  possession  of  El  Castillo  and 
of  the  San  Carlos  fortresses  for  the  purpose  of  protecting 
itself  (the  Government  of  Costa  Rica)  against  any  attempt  of 
INVASION  OF  ITS  TFKiiiToKY  wbicli.  Oil  this  sidc,  might  l)e 
made."     *     * 

*  *  *  "  It  being  necessary  to  j)rovi(ic!  the  Govei-nment 
with  Boldiers,  *  *  *  j,,n  sball  bo  very  particulai-  in  re- 
cruiting people,  *  *  *  sending  private  agents  to  the  ter- 
ritory of  (Josta  Rica,  n^/iere,  hy  no  nie(f/is,  a/iy  armed  force 
shintld  t'lif,')',  unhiSH  with  tbe  written  })eniiissi()U  of  the  coin- 
vianding  oj/icers  of  the  <liffurent  [)osts  protecting  the  frontier 
of  that  Republic."     *     *     * 


81 

Tlie  frontier  spoken  of  in  these  instructions  is  the  one  drawn 
by  the  treaty  of  limits  of  1858,  and  the  connnaiulinfj^  otticei'S 
of  the  different  posts  of  the  Costa  Rican  frontier  were  those 
of  the  posts  estal)lished  to  watch  over  the  San  Carlos  and  Sara- 
piqni  rivers  as  far  as  their  confluence  with  the  San  Jnan. 

The  treaty  had,  therefore,  in  the  eyes  of  the  Government  of 
Nicaragua,  perfect  etiiciency. 

In  contrast  witli  tlie  firmness  now  shown  i)y  Nicaragua  to 
maintain  the  invalidity  of  the  treaty  of  limits,  Costa  Rica  must 
show  the  persistence  with  \vlii(;h,  before  she  withdrew  her  aii- 
hei'ence  to  the  Ayon-Ciievalier  conti-act,  the  contrary  opinion 
was  maintained  and  (rarried  into  practical  effect  l>y  the  same 
Republic.  It  is  for  that  reason  that  I  have  mentioned  the 
three  facts  above  stated. 

On  the  other  hand,  it  is  worth  wiiile  to  notice  here  that  the 
eagerness  with  which,  subsequent  to  1872,  the  validity  of  the 
treaty  of  limits  has  been  denied  in  Nicaragua,  says  nothing  in 
favor  of  the  pretensions  of  that  Government,  nor  weakens  in 
the  least  the  force  of  its  previous  contrary  action.  Admis- 
sions cannot  be  retracted. 

And  as  the  defense  of  Nicaragua  wishes  to  tind  in  the  al- 
ways firm  and  never  contradictory  action  of  the  Government 
of  Costa  Rica  some  support  of  tiie  conclusions  adverse  to  the 
treaty  wliich  it  formulates,  it  alleges  the  fact  that  Costa  Rica 
acceded  in  good-will,  and  on  several  occasions,  to  give  an 
amicable  solution  to  tiie  annoying  question  debated  between 
the  two  countries  ever  since  1872,  and  cites  especially  the  con- 
ference held  at  Managua,  and  the  treaty  made  at  that  city  on 
July  26th  instant,  where  an  indirect  acknowledgment  of  the 
imperfection  of  the  treaty  of  limits  is  alleged  to  be  found. 

The  Treaty  of  Managua  reads  as  follows  : 

"  Article  1.  Tlie  Government  of  Nicaragua  loithdraics  the 
objections  made  to  the  validity  of  the  treaty  of  limits  with  the 
Govermnent  of  Costa  Rica,  signed  on  April  15,  1858,  since  it 
will  obtain  from  Congress  on  its  p.vrt  (the  part  of  the  Gov- 
ernment oTf  Nicaragua)  the  second  ratification  which  it  (the 
Government  of  Nicaragua)  has  maintained  to  be  indispensable. 
6 


82 

The  substance  of  tliis  Article  recognizes  and  proclaims,  in  a 
solemn  and  categorical  manner,  the  justice  of  the  cause  wliicli, 
during  so  man}'  years,  Costa  Rica  luid  been  defending.  No 
other  meaning  can  he  given  to  the  icithdrawal  made  by  the 
Government  of  Nicaragua  of  the  objections  it  had  niade  against 
the  treaty. 

And,  as  after  so  many  years  of  Nicaragua's  having  main- 
tained that  a  second  ratification  of  the  treaty  was  necessary  in 
order  to  cause  her  to  consider  herself  bound  by  it,  it  was  not 
possible  that  she  should  herself  retract  this  point  of  mere  form, 
nor  was  it  advisable  for  Costa  llica  that  any  formality  which 
Nicaragua,  whether  right  or  wrong,  thouglit  necessary  to  protect 
the  treaty  against  new  objections,  should  be  omitted,  it  is  not 
to  be  wondered  at  that  the  said  ratification  should  have  been 
mentioned  in  the  final  part  of  Article  I  of  the  treaty'  of  Man- 
agua ;  but  this  ratification  was  spoken  of  not  as  being  a  nec- 
essary formality  asked  for  by  Costa  Rica,  but  as  one  considered 
by  Nicaragua  to  be  indispensalde,  although,  in  point  of  fact,  it 
was  not.  The  treaty  of  Managua  could  refer  not  to  one  or  two 
ratifications  of  the  treat}'  of  1858,  I)ut  to  as  many  as  Nicara- 
gua should  like  to  consider  necessary  to  acknowledge  herself 
bound  without  danger  of  new  retractations.  This  did  not  im- 
ply that  Costa  Rica  accepted  the  necessity  of  such  formalities. 

If  the  treaty  of  Managua  liad  reached  its  consummation, 
Nicaragua  would  liave  liad  the  satisfaction  to  ratify  for  the 
sixth  time,  if  I  am  not  mistaken,  tbe  treaty  of  1858,  while 
Costa  Rica,  on  bci*  part,  would  have  experienced  tlie  one  of 
seeing,  finally  and  forever,  settled  her  difference  with  Nicara- 
gua, througli  the  withdrawal,  by  the  lattei',  of  the  objections 
made  l>y  lier  to  the  treaty  of  limits. 

It  is,  therefore,  iiicoiiccivuliU!  how  the  treaty  of  Managua 
could  liavc  l»ccn  spoken  of  in  the  defense  of  Nicaragua.  If 
that  instiMiment  e.\)>resses  tlio  i-ight  criterion  of  the  Nicaraguan 
(ioscrumciil,  it  furni>bcs  the  most  ebxjucnt  testimony  to  the 
fact  that,  sub^tantially,  and  laying  aside  this  or  that  formality, 
tlie  treaty  of  limits  is  valid,  Jind  not  only  valid  but  useful  and 
profitable  for  Nicaragua. 


Chapter    XII. 

IMPORTANCE  OF  THE  DOCUMENTS  REFERRED  TO  IN  THIS  CHAPTER  FOR  DE- 
STROYING THE  EFFECT  OF  THE  PERSISTENCE  WITH  WHICH  NICARAGUA 
HAS  MAINTAINED,  EVER  SINCE  1872,  THE  NON- VALIDITY  OF  THE  TREATY  OF 
LIMITS. 

The  Government  of  Nicaragua  having  hoasted  of  its  persist- 
ence, ever  since  1872,  in  maintaining  that  the  treaty  of  limits 
of  1858  is  not  binding  upon  it,  and  it  having  formulated,  also, 
the  charge  of  inconsistency  against  the  Government  of  Costa 
Rica,  it  does  not  seem  inopportune  to  set  fortli  here,  as  briefly 
as  possible,  the  substance  of  certain  documents  which  I  ap- 
pended to  my  Argument,  and  of  others  which  I  append  to  the 
present  Reply,  and  show  plainly  thereby  the  trutli  of  the  facts. 

Documents  Nos.  23,  24,  and  20,  dated  the  flrst  on  May  16, 
1858,  the  second  and  third  on  June  27  of  the  same  year,  and 
the  fourth  on  January  25,  1861  ;  and  those  marked  31,  34, 
and  35,  dated,  respectively,  on  April  1,  May  26,  and  July  5, 
1863,  appended  to  the  Argument  of  Costa  Rica,  will  show 
to  the  Arbitrator  that  Costa  Rica  exercised  during  that  exten- 
sive period  of  time,  not  only  without  opposition,  but  at  the 
request  of  Nicaragua,  the  rights  recognized  to  her  by  Article 
VIII  of  the  treaty  in  regard  to  intervention  in  grants  of  transit 
and  canal. 

Documents  Nos.  43  and  45  of  the  same  Argument,  dated, 
respectively.  May  26  and  July  31,  1864,  will  also  show  to  him 
that  Costa  Rica,  six  years  after  the  date  of  the  treaty,  was  ex- 
ercising sovereign  rights  over  the  territory  of  the  right  bank 
of  the  San  Juan  river,  and  making  explorations  therein  in  order 
to  build  a  better  and  shorter  road  from  the  interior  of  the 
country  to  the  river  bank. 

Those  marked  Nos.  37,  40,  41,  42,  43,  44,  45,  46,  47,  48, 
49,  50,  51,  53,  and  55  in  the  Appendix  to  the  present  Reply, 
equally  show  the  exercise  by  Costa    Rica  of    her  sovereign 


84: 

ricrlits  over  the  territorv  which,  according  to  the  treaty  of  1858, 
belongs  to  her. 

Document  No.  47,  of  June  26,1866,  will  show  specially  how 
emjihatic  was  the  protest  of  the  Government  of  Costa  Rica, 
which  the  Government  of  Nicaragua  accepted  as  just,  against 
the  attempt  to  increase  the  volume  of  the  waters  of  the  lower 
part  of  the  San  Juan  river  at  the  expense  of  the  Colorado  river, 
which  belongs  to  Costa  Rica. 

Document  No.  50,  dated  January  25,  1867,  will  show  also 
that  Costa  Rica,  nine  years  after  the  conclusion  of  the  treaty, 
carried  it  into  execution,  with  the  consent  of  Nicaragua,  by  es- 
talilishing  a  sanitary  cordon  at  a  place  of  the  frontier  which 
the  said  treaty  had  marked  out. 

Document  No.  51  of  November  25,  1868,  will  show  in  the 
same  manner  that  Costa  Rica,  ten  years  after  the  treaty,  was 
exercising  the  rights  which  the  said  treaty  recognized  to  her 
over  the  San  Juan  river. 

Document  No.  56  of  July  22,  1872,  will  give  testimony  of 
the  most  eloquent  character  to  the  manner  with  which  the 
Costa  Rican  Government  listened  to  the  so-called  "doubts," 
which,  then,  for  the  first  time,  after  14  years  of  uninterrupted 
ol)servance,  arose  in  Nicaragua  as  to  the  validity  of  the  treaty. 

Document  No.  58,  dated  December  3,  1875,  will  give  an 
instance  of  the  manner  in  which  Costa  Rica,  seventeen  years 
subsecpient  to  tlie  date  of  the  ti-eaty,  contiinied  to  exercise  her 
rights  over  the  whole  territory  which  that  convention  had 
given  her. 

And  finally,  documents  Nos.  59  and  60,  respectively  dated 
on  June  26,  1880,  and  Septenii)er  10,  1886,  will  show,  the  for- 
mer, how  Costa  Rica,  twenty-two  years  after  the  date  of  the 
treaty,  protested  against  the  noii  <M)mpliance  in  regard  to  her 
of  the  pi-<)vi.si(>ns  of  Ai'tick!  N'ill  of  the  same  treaty,  in  the 
matter  (if  the  company  organized  in  New  York  under  the  title 
of  ''  Provi>ional  Company  of  lutcroccaiiic  Canal,"  and  the 
latter,  the  acnreptance  Ity  C/osta  Rica  of  the  ex|)lanations  made 
by  the  (lovernmont  of  Ni(;aragua  For  the  non-compliance  with 
Buid  provisiouti. 


85 

It  is  seen,  therefore,  from  all  of  this,  that  since  the  month 
of  May,  1858,  to  the  month  of  September,  ISSG,  Costa  Rica 
has  not  receded  one  jot  from  her  })ositi(»n  in  maintainiiii^  the 
etiiciencj  and  validity  of  the  treaty  to  which  she  signed  her 
name,  and  wliich  on  her  part  she  always  complied  with  faith- 
fully and  religiously. 


CONCLUSION. 


CONCLUSION. 


Before  closing  the  present  reply,  the  defense  of  Costa  Rica 
deems  it  advisal)le  to  present  a  general  summing  np  of  its  con- 
tents, which  it  submits  as  follows : 


Under  the  arbitration  treaty  made  at  Guatemala,  no  possi- 
bility exists  for  the  making  of  two  awards,  one  deciding  the 
principal  question,  and  another,  subsequent  in  date,  on  supple- 
mentary or  secondary  points  suggested  by  Nicaragua.  Both 
subjects  must  be  the  matter  of  one  and  the  same  decision. 


The  time  for  presentation  of  doubtful  points,  granted  by 
the  treaty  of  Guatemala,  having  been  allowed  by  Nicaragua  to 
pass  unavailed,  she  cannot  now  be  permitted  to  present  those 
points,  nor  is  Costa  Rica  l>ound  to  accept  them  as  forming  a 
part  of  the  question  submitted  to  arbitration. 

All  Royal  Ordinances  and  Letters-Patent  issued  by  the 
Spanish  Kings,  as  well  as  all  opinions  of  writers  on  the  his- 
tor}'^  of  the  Indies,  are  not,  nor  can  they  be,  admitted  in  the 
present  controversy,  except  as  simply  illustrating  the  historical 
precedents  of  the  question,  because  the  original  rights  of  the 
parties  were  actually  modified  by  subsequent  transactions,  as, 
for  instance,  the  annexation  of  Guanacaste  to  Costa  Rica, 
which  took  place,  as  all  others,  after  tlie  independence  from 
Spain  had  been  secured. 


This  is  neither  the  proper  time  nor  the  proper  place  to  make 
any  declaration  whatsoever,  affecting  questions  not  at  issue,  and 


90 

neitlier  debated  nor  submitted,  as  for  instance  the  one  referring 
to  the  determination  of  the  limits  I)etween  Costa  Rica  and  Nic- 
aragua, should  the  treaty  of  April  15,  1S5S,  be  adjudged  void. 


The  uti possidetis  of  1821  has  notliing  to  do  with  the  present 
question,  because  the  subject  under  discussion  is  not  the  terri- 
torial extent  of  either  Costa  Kica  or  Nicaragua,  independently 
of  the  treaty  of  April  15,  1858. 

And  notice  must  be  taken  of  the  fact  that,  although  the 
doctrine  of  the  uti  possidefhs  of  1821  is  in  general  correct,  it 
is  not  so  always  in  all  cases  and  under  all  circmnstances,  but 
admits  of  modification  under  other  rights  of  possession. 


Had  that  doctrine  been  absolute  and  indisputable,  Chiapas 
and  Soconusco  would  have  belonged  to  Guatemala  until  1883, 
Sonsonate  would  belong  to-day  to  the  same  Republic,  &c.,  &c. 
The  I'cal  and  true  uti  possidetis  is  the  one  of  1838,  when  the 
federal  bond  was  dissolved.  The  status  whicth,  as  far  as  pos- 
session was  concerned,  existed  at  tluit  time,  and  not  the  one 
existHig  in  1821,  served  as  basis  for  the  organization  of  the 
five  Sovereign  Republics  of  Central  America. 


The  defense  of  Nicaragua  considers  tliat  the  treaty  of  limits 
of  1858  is  a  special  one  ;  but  mtticc  nnist  l)e  taken  that,  as  far 
as  re<|uisites  and  formalities  in  i-cgard  to  tlie  manner  of  its  con- 
cluhioii  arc  concerned,  there  is  no  difference  at  all  that  can  be 
admitted  between  it  and  any  other  ti'caty  whatsoevei",  since 
it  was,  as  all  others  are,  negotiated  and  concluded  l)y  plenipo- 
tentiaries ai)pointcd  l)y  the  Executive,  approved  1)}'  the  Ex- 
ecutive, ratified  by  tlie  Legislative,  and  exchanged  and  pro- 
mulgafcd  by  the  K\C('Uli\e. 

This  is  tlie  reguhir  ordei"  of  pri)C(!ediiigs  in  use  in  all  nations 
in  regard  to  treaties  ;  and  the  assertion  can  be  made  conlidently 


91 

that  there  is  not  a  single  precedent  autliorizing  the  course  of 
proceedings,  which  according  to  tlie  defense  of  Nicaragua  tlie 
treaty  of  1858  ought  to  have  gone  tln-ough,  and  which  is,  no 
doubt,  a  novelty  in  the  Law  of  Nations. 


If  the  treaty  of  limits  is  in  any  way  special,  it  is  so  only  in 
one  respect,  to  wit :  that  while  all  public  treaties  are  by  their 
own  nature  permanent,  for  it  is  upon  them  that  the  peace  of 
the  nations  therein  concerned  rest,  and  while  all  of  tliem  when 
once  concluded  cannot  l)e  allowed  to  fall,  easily,  or  on  light 
reasons,  and  much  less  for  alleged  informalities,  never  spoken 
of  until  after  both  contracting  parties  have  been  for  years  ex- 
ecuting it,  such  a  fate  has  not  befallen,  however,  the  treaty  of 
limits. 


The  treaty  of  limits  of  1858  was  not  concluded,  approved, 
ratified,  exchanged,  and  carried  into  effect  under  tlie  sway  of 
the  Constitution  of  1S38,  but  under  the  sway  of  a  traUv^itory 
exceptional  dictatorial  regime,  in  which  the  National  Consti- 
tutional Assembly  excercised  without  limitation  all  the-  pow- 
ers of  the  nation. 


The  laws  under  whose  empire  the  treaty  was  made  were  the 
decrees  of  December  1,  1857,  and  February  5,  1858,  the  pr6- 
visions  of  which  were  literally  compile  J  with. 


There  is  no  conflict  between  the  treaty  of  limits  and  the 
Constitution  of  1838. 

(a.)  Because  the  Constitution  of  1838  did  not  include  the 
District  of  Nicoya  within  the  territory  of  Nicaragua,  since,  as 
stated  by  the  former  Nicaraguan  Constitution  of  April  8, 1826, 
the  said  District  did  not  belong  to  her. 


92 

(h.)  Because  tlie  Constitntion  of  183S  did  not  cither  include 
the  territory  suuth  of  tlie  San  Juan  river,  hecause  said  river 
was  the  limit  clearly  defined  bv  the  plain  provisions  of  the 
Costa  Rican  Constitution  of  1S25  for  the  sovereignty  of  Costa 
Rica. 

(c.)  Because  the  settlement  of  1858  had  l)een  foreseen  by  the 
said  Constitution  of  1838,  wherein  it  was  provided  that  as 
soon  as  such  settlement  should  be  reached  it  was  to  be  under- 
stood as  being  embodied  in  the  Constitution  itself. 

(d.)  Because  the  Constitution  of  1838  was  not  the  funda- 
mental law  by  which  the  perfection  of  the  treaty  should  be 
governed. 


Costa  Rica  maintains  that  the  treaty  of  1858  is  as  much  an 
international  convention  as  any  other  whatsoever;  and  as  Nic- 
aragua maintains  that  it  is  an  amendment  of  the  Constitution 
the  burden  of  proof  falls  upon  her.  She  has  not  produced  it, 
nor  can  she  do  so,  since  the  very  first  of  all  her  laws  on  the 
matter,  the  founchition  and  source  of  them  all,  which  is  the 
Constitution  of  1826,  declares  that  the  District  of  Nicoya  does 
not  form  part  of  Nicaragua. 


Supposing  that  the  Nicaraguan  Constitution  of  1838  should 
have  declared  that  the  District  of  Guanacaste  and  the  territory 
Routh  of  the  San  Juan  river  belonged  to  that  Republic,  a 
declaration  whicli  was  never  made,  the  effect  thereof  could 
never  prevail  against  the  fundamental  laws  of  Costa  Ri(\a, 
wliich  were  ]>revious — one  of  Januai-y  21,  1825,  and  the  other 
the  amiexation  of  Nicoya  of  December  !Hh  of  the  same  year. 


Ever  since  April  8,  1820,  the  date  of  the  first  Constitution 
of  Nicaragua,  that  State  may  have  had  more  or  less  reas(m 
upon  which  to  set  forth  a  claim   to   sovereignty   over   Guana- 


93 

caste;  but  she  had  no  reason  whatever  to  declare  that  tlie  said 
District  was  included  in  her  territory. 


If  the  doctrines  maintained  by  Nicai-agna  in  her  Ar<jjninent 
should  he  admitted,  scarcely  one  single  treaty  of  limits  could 
possihl}'  stand.  Whicli  of  them  has  not  wounded  in  some  waj' 
01-  another  the  real  or  alleged  sovereignty  of  either  of  the  par- 
ties ?  Which  one  has  ever  been  submitted  to  the  special 
course  of  proceedings  provided  for  constitutional  amendments? 


If  tlie  treaty  of  limits  has  to  fall  because  Article  ll*4r  of  the 
Constitution  of  1838  was  not  complied  with,  its  fall  will  drag 
down  with  it  the  whole  political  reconstruction  of  Nicaragua 
accomplislied  by  the  Assembly  of  1858.  Article  194  was 
not  taken  into  consideration  at  all  for  the  purposes  of  that  re- 
construction, although,  under  Article  196  of  the  same  instru- 
ment, the  former  Article  ougiit  to  have  been  followed  in  a  gen- 
eral reform  of  the  Constitution. 


The  first  Costa  Rican  Constitution  has  been  cited  to  prove 
that  Guanacaste  does  not  form  part  of  Costa  Rica ;  but  no 
notice  has  been  taken  of  the  fact  that  the  annexation  of 
Guanacaste  to  Costa  Rica  took  place  ten  months  and  eighteen 
days  subsequent  to  the  date  of  that  Constitution,  Tlie  Con- 
stitution was  promulgated  on  January  28,  1825;  and  the  an- 
nexation of  Guanacaste  was  made  by  Federal  decree  of  De- 
cend^er  9  of  the  same  year. 


If  such  a  ratification  as  the  one  asked  for  is  wanting,  there 
are  no  less  than  four  or  five  subsequent  ratifications  given  by 
different  Nicaraguau  Legislatures. 


94 

The  whole  of  the  present  question  is  narrowed  down  to  the 
proper  construction  of  this  phrase  :  "  The  Constituent  Assem- 
bh-  of  Nicaragua,  in  use  of  its  k'gislative  powers,  etc.,  &c.," 
and  whether  the  use  of  the  word  "  legislative  ''  is  proper  or 
improper ;  but,  in  good  faith,  that  word  cannot  be  understood 
to  mean  anything  different  from  the  desire  that  the  treaty 
should  produce  such  effects  as  those  intended  bv  tlie  contract- 
ing parties. 


The  validity  of  the  treaty  has  been  repeatedly  recognized 
by  several  Cabinets  of  Nicaragua  between  1858  and  1872  ; 
but  tlie  change  of  mind  that  has  l»een  experienced  in  that  lie- 
public  since  1872,  under  color  of  'foiihti<,  does  not  deprive  the 
said  acknowledgments  of  tlieir  efficiency. 


The  treaty  of  limits  was  negotiated,  concluded,  and  per- 
fected at  a  time  in  which  Nicaragua  was  in  full  and  perfect 
peace,  Nicaragua  being  in  possession  and  enjoyment  of  her 
lands,  waters,  ports,  towns,  <Sz(:. 


Even  granting  that  the  treaty  of  limits  involved  aliena- 
tion of  territory,  that  alienation  could  be  made  under  the  C\)n- 
stitution  of  1888,  by  the  Asseml)ly  of  1858,  or  l»y  any  other 
legislative  body,  without  any  previous  ameiKbnent  of  the  fun- 
damental law. 


'Y\\ii  Assembly  of  1858  gave  to  the  treaty  of  limits  the  char- 
acter of  a  treaty,  and  not  that  of  an  amendment  to  the  Con- 
Btitntion.  And  now  it  is  too  late  to  oppose  the  authentic  in- 
tcrjirctation  inatU'  by  the  Constituent  Legislatorof  Ni(taragua, 
and  which,  HUe  all  intcipi-ctations  nf  its  Uind,  is  a  law  of  the 
State. 


95 


The  failure  of  the  accessory  does  not  destroy  the  principal ; 
and  the  treaty  of  limits  cannot  fail  hecause  the  guarantee  of 
Salvador  is  wanting.  Such  a  guarantee  was  not  essential  to 
the  treaty. 


The  guarantee  of  Salvador  was  not  the  only  consideration, 
or  the  principal  one,  which  led  Nicaragua  to  bind  herself. 
Such  a  guarantee  did  not  form  a  part  of  the  consideration. 


The  stipulation  of  Article  X  of  the  treaty  never  was  a  right 
for  Nicaragua  and  a  burden  for  Costa  Ricn,  but  a  stipulation 
of  mutual  effe(;t  for  and  against  both  parties. 


The  Government  of  Costa  Rica  has  always  complied  in 
good  faith  with  the  treaty  of  limits,  and  no  act  can  be  cited 
performed  by  it  which  reveals  hesitation  or  doubt  as  to  its  val- 
idity. If  it  has  permitted  the  etiiciency  of  that  treaty  to  be 
doubted  in  Nicaragua,  and  if  it  has  endeavored  to  smooth  the 
differences  arising  out  of  that  action,  that  does  not  argue 
against  the  intimate  conviction  entertained  by  Costa  Rica  of 
the  justice  of  her  Cause,  but  only  shows  once  more  her  tra- 
ditional policy  of  peace  and  concord  with  the  other  nations  of 
Central  America,  and  especially  Nicaragua. 


The  treaty  of  limits  was  embodied  in  the  Nicaraguau  Con- 
stitution of  1858. 


The  treaty  of  limits  has  been  respected  up  to  the  present 
time  as  a  status  quo  in  spite  of  the  present  controversy  ;  and 
it  is  agreed  that  it  shall  be  the  status  quo  until  all  the  (questions 
pending  between  the  two  countries  are  finally  settled. 


96 


If  the  treaty  of  1S5S  falls,  Costa  Kiea  recovers  thereby  her 
ancient,  Instorical,  and  legitimate  limits  of  the  La  Flor  and  the 
Sapoa  rivers,  the  lake,  and  the  San  Juan  river. 


I  have  thus  far   given    the   general    recapitulation   of   this 

reply. 

I  must  now  add  a  few  words  about  a  point  of  special  impor- 
tance, that  is,  the  one  relative  to  the  authenticity  of  the  nu- 
merous documents  appended  to  my  Argument  and  to  the  pres- 
ent Reply,  or  whicli  have  been  quoted  in  both  of  tliem.  To 
tile  tliem  all  in  the  original,  or  in  authenticated  copies  thereof, 
within  such  a  short  time  as  that  granted  for  the  preparation  of 
both  arguments  would  have  l)een  little  short  of  a  physical  "im- 
possibility, Ijesides  being  unnecessary.  It  is  an  impossibility, 
because  many  of  those  papers  are  in  the  Archives  of  Spain, 
the  Mother  Country,  or  in  those  of  the  ancient  capital  of  the 
Kingdom  of  Guatemala;  and  it  is  unnecessary,  because  they  all 
have  l)ecn  recently  })ublished. 

In  regard  to  the  documents  not  in  those  Archives,  and  which 
are  found  in  collections  of  laws  and  official  newpapers,  both  of 
Costa  Rica  and  Nicaragua,  they  are  in  my  possession,  either 
in  the  original  printing  or  certified  copies. 

The  defense  of  Costa  Rica  vouches  for  the  authenticity  of 
all  the  documents  which  it  has  presented  or  quoted,  and  will 
exhiltit  the  originals  or  authenticated  copies  of  those  which  the 
Ailiitiator  may  1)0  pleased  to  designate,  should  he  deem  it 
neces>ai  V. 

It  also  iiolds  at  the  disposal  of  the  Ari)iti"ator  all  the  books 
that  it  has  cited. 

In  conclii>ion,  j)erhaps  it  may  not  be  out  of  place  to  re- 
fer to  the  opinion  of  oiw.  of  the  most  conspicuous  men  of 
Ni(^aragua,  General  M.-iximo  Jerez,  who,  when  the  (]uestion 
about  tli(!  trcMty  of  limits  began  to  bi^  agitated  in  that  country, 
exj)re^se(l  hini>t'lf  in  tbe  Xicaraguaii  Scitiatc  in  the  following 
language  : 


97 

"  From  the  beginning  of  this  question  on  the  validity  or 
nullity  of  the  treaty  of  limits  of  1858,  I  always  thought 
that  we  are  on  the  wrong  side.  It  always  seemed  to  me  that 
the  reasons  now  alleged  against  the  construction  which  we  place 
upon  the  Nicaraguan  laws  at  the  time  of  the  treaty  are  good 
at  the  most,  and  this  is  granting  too  much,  to  render  that  con- 
struction doubtful;  and,  under  these  cii-cumstances,  I  never 
shall  deem  it  proper  for  tlie  pul)li(*  authorities  of  Nicaragua 
to  declare,  in  the  face  of  the  world,  and  foi-  the  purpose  of 
nullifying  that  treaty,  that  they,  like  children,  did  not  under- 
stand their  own  laws,  nor  were  Ixmnd  to  know  what  tliey 
meant. 

"  It  is  perhaps  tlirough  a  feeling  analogous  to  the  one  I  have 
just  expressed  that,  although  the  Executive  a  long  time  ago 
submitted  to  the  consideration  of  Congress  the  unfortunate 
question  of  the  nullity  of  the  treaty  of  limits.  Congress  has  re- 
mained silent,  and  allowed  the  treaty  exchanged  in  1858,  and 
executed  iistgood  faith  during  fifteen  years,  to  continue  in  ob- 
servance."^ 

The  defense  of  Costa  Rica  has  nothing  to  add  to  the  pre- 
ceding words  of  the  Nicaraguan  Senator,  General  Jerez,  and 
confines  itself  to  respectfully  await  such  uecision  as  the  learned 
and  upright  Arbitrator  shall  be  pleased  to  pass  on  the  question. 
PEDRO  PEREZ  ZELEDON, 
Envoy  Extraordinary  and  Minister 

Plenipotentiary  of  Costa  Rica. 
"Washington,  D.  C, 

December  2,  188T. 


'  Apuntamientos  Geograficos,  Estadisticos  e  Historicos  por  Joaquin  Ber- 
nardo Calvo.  San  Jose  de  Costa  Rica,  188G.  Imprenta  Nacional  18»7,  page 
18. 

7 


DOCUMENTS. 


DOCUMENTS. 


No.  1. 


Royal  Ordinance  of  February  10,  1576,^/>>?'  the  rednrfio-n  of 
the  Province  of  2\i(juzgal2)a,  situated  to  the  north  of  the 
Sa7i  Juan  de  Nicaragua  river. "^ 

The  King, 

To  the  President,  and  the  Judges  of  our  Rojal  Audien- 
cia,  sitting  at  the  city  of  Santiago,  of  tlie  Province  of  Gua- 
temala : 

It  has  been  represented  to  us  on  the  part  of  Captain  Diego 
Lopez,  a  resident  of  the  city  of  Truxillo,  of  the  Province  of 
Honduras,  that  it  is  advisable  and  very  necessary  for  the  ser- 
vice of  God  our  Lord,  and  that  of  ourselves,  that  the  Province 
of  Taguzgalpa,  also  called  New  Cartago,  which  is  in  tlie  said 
Province,  should  be  conquered  and  peopled  ly  Spaniards; 
that  many  years  ago  ^e  city  named  Elgueta  was  founded 
there  and  peopled,  but  had  to  be  abandoned  owing  to  the  ina- 
bility of  its  inhabitants  to  resist  the  strong  attacks  of  the  natives ; 
and  that  he,  the  said  Diego  Lopez,  would  undertake,  if  we  were 
pleased  to  accede  to  it,  the  said  conquest  and  peopling,  within 
four  years,  and  at  his  own  expense,  provided  that  he  would  l)e 
gi'anted  the  same  favors  that  were  granted  to  Captain  Diego 
de  Artieda,  to  whom  we  enti'usted  the  discovery  and  settle- 
ment of  the  Province  of  Costa  Rica  ;  and  whereas  all  of  this 
has  been  heard  and  considered  in  our  Council  of  the  Lidies, 
and   the  said   Council  resolved  that  we  miglit  issue  this,  our 


'From  Coleccion  de  Documentos  iiieditos  relativos  al  descubriniicnto, 
conquista  y  organizacion  de  las  antiguas  posesiones  espanolas  de  Aiiu'rica 
y  Oceania,  sacadas  de  los  Arcliivos  del  Reyno  y  niuy  especialmeute  del  de 
Tndias.     Couipetentemente  autorizada.     Vol.  xiv,  pages  528  to  537. 


T  TRRARY 


102 

present  ordinance,  to  which  we  have  been  pleased  to  accede : 
"We  do,  therefore,  command  you  to  enter,  as  soon  as  this  ordi- 
nance reaches  yon,  into  an  agreement  with  the  said  Diego 
Lopez  for  the  aforesaid  purposes,  observing  the  requisites  pro- 
vided for  in  the  "  Instructions  "  and  ordinances  in  force  relat- 
iuij  to  new  settlements.  And  as  soon  as  the  said  agreement  is 
entered  into,  and  before  it  is  carried  into  execution,  you  shall 
sul^nit  it  to  us,  togetlier  with  your  opinion  about  it,  addressed 
to  our  Council  aforesaid,  to   provide  and  decide  as  advisable. 

Given  at  Madrid  on  February  10,  1576. 

I,  THE  KING. 

By  command  of  His  Majesty. 

^  ANTONIO  DE  ERASSO. 

By  virtue  of  the  foregoing  ordinance,  an  agreement  for  the 
conquest  of  Taguzgalpa  was  made  in  Guatemahi,  l)etween  Li- 
centiate Palacio,  an  Associate  Justice  of  the  Audiencia,  com- 
missioned to  that  effect,  and  the  said  Diego  Lopez  ;  and  tlie 
limits  of  the  Province  were  marked  as  follows : 

Firstly.  His  Majesty  will  ap]K>int  him  his  Governor  and 
Captain-General  of  the  said  Province,  which  is  the  whole  land 
in(!luded  between  the  mouth  of  El  Desaguadero,  from  its 
northern  hank,  and  Cape  Camaron,  at  the  point  where  the 
Pr(»vince  of  Honduras  begins,  witli  all  the  country  included 
therein,  until  reaching  the  boundary  and  jurisdiction  of  the 
Province  of  Nicaragua  and  Nueva  Segovia,  and  what  is  that 
of  ibinihnas;  and  the  said  Captain  Diego  Lopez  si lall  have 
the  said  GoveriKjrshi])  dui'ing  his  lifetime,  with  the  salary  of 
two  thousand  ducats,  to  be  paid  from  the  Treasury  or  revenues 
belonging  to  His  Majesty  in  the  said  Province;  but  if  lU)  su(Oi 
funtls  should  exist,  His  Majesty  shall  not  be  bound  to  j)ay  any- 
thing on  account  of  that  salaiT  ;  and  after  the  death  of  said 
Diego  Lopez,  his  eldest  son  or  son-in-law,  as  his  heir,  shall 
succeed  him  in  tins  grant,  |»ro\  idtnl  that  he  is  a  ])erson  having 
tl>e  ne<;essary  <|UMlilicatioris  and  hoing  His  Maj(!sty  pleased  to 
accept. 


103 


No.  2. 


The  Pt'esident  of  the  Royal  Audlencia  of  Guatemala  trans- 
mits to  the  Governor^  an<J  to  the  most  Nolle  Corporation 
of  the  City  of  Cartago,  a  resolution,  hy  which  the  election 
of  members  of  the  Spanish  Cortes  for  Costa  Rica  and  Nicoya 
was  ordered  to  he  made  at  that  city. — It  ajypears  from  this 
document  that  the  District  of  Nicoya  had  actu(dly  heen 
annexed  to  Costa  Rica  ever  since  May,  1813,  about  eight 
YEARS  before  the  independence  from  the  mother  country. 

A  preparatory  meeting  having  been  held  ,t]ie  following  res- 
olution was  passed: 

Whereas,  upon  the  reading  of  the  othi-ial  letter  addressed  to 
His  Excellenc_y  the  President  l)j  the  Most  Noble  Corporation 
of  the  city  of  Cai-tago,  it  appears  that  the  population  of  Costa 
Rica  is  alleged  to  be  only  41,000  inhal)itHnts,  event  including 

THE    DISTRICT    OF    NiCOYA,  WHICH  HAS    BEEN  ANNEXED  TO  CoSTA 

Rica,  which  is  less  than  the  total  which  the  Constitution  re- 
cjuires,  and  that  for  this  reason  the  said  Governor  and  Council 
request  that  for  the  purposes  of  electing  two  nienil)ers  of  Con- 
gress the  said  Province  of  Costa  Rica  should  l)e  united  to  the 
one  of  Leon,  of  Nicaragua,  or  that  the  districts  of  Masaya  and 
Nicaragua  (Rivas)  should  be  incorporated  into  her  ; 

And  whereas  the  Most  Noble  Council  of  the  city  of  Leon 
reported  adversely,  on  the  grounds  that  the  purposes  had  in  view 
by  Cartago  were  simply  to  alleviate  tlie  burden  of  taxes  weighing 
upon  it,  and  cause  some  other  districts  l)elongiug  to  Nicaragua 
to  share  that  burden,  and  that  the  present  member  of  Con- 
o-ress  for  the  said  Province  Don  Florentino  Castillo,  had 
stated  in  an  official  letter  addressed  by  him  to  His  Excellency 
the  President  on  June  8, 1812,  that  the  same  Council  of  the  city 
of  Cartago  in  its  instructions  to  him  had  admitted  the  fact  that 
the  population  of  Costa  Rica  was  about  70,000  inhal)itauts,  and 
that  even  subtracting  the  natives  of  Africa,  fortunately  very 


104 

few  there,  there  would  still  remain  about  sixty  thousand  peo- 
ple of  the  other  classes. 

And  -whereas  the  said  Most  Noble  Council  of  the  city  of 
Leon  further  represented  that  in  case  that  the  population  of 
Costa  Rica  was  not  large  enough,  the  District  of  Nicoya,  which 
was  bordering  upon  her,  might  be  attached  to  her  ; 

And  whereas  due  consideration  has  been  taken  of  all  the 

OTHER  REASONS  AND  GROUNDS  UPON  WHICH  IT  WAS  ORDERED  THAT 

THE  SAID  District  of  Nicoya,  united  to  Costa  Rica,  should 

ELECT  IN  THE  LATTER  ONE  MeMBER  OF  CoNGRESS  TO  REPRESENT  IN 

THE  Cortes  the  two  localities,  and  promote  there  the  wel- 
fare OF  their  worthy  inhabitants  ; 

And  whereas  no  exact  census  has  been  made,  showing  any 
error  in  the  approximate  calculation  made  by  this  Assembly 
(Junta)  upon  the  data  and  information  on  record  ; 

And  whereas  the  resolution  which  ordered  that  the  election 
for  one  Member  of  Congress  should  take  place  at  tlie  capital 
of  Costa  Rica  has  proved  beneficial  to  tliat  Province,  worthy  to 
a  great  degree  of  tlie  attentions  of  the  government,  and  frees 
her  people  from  the  troubles  and  expense  of  a  trip  to  Leon,  many 
leagues  distant,  for  the  purposes  of  the  said  election, 

Ordered,  That  the  decision  of  this  Board  (Junta)  be  carried 
out,  and  that  in  consequence  thereof  the  elections  for  Member 
of  Congress  be  made  under  and  according  to  the  instructions 
enacted  by  this  Board.'' 

And  this  I  communicate  to  you  for  your  knowledge,  and 
for  such  compliance  therewith  as  may  be  incumbent  upon- you. 

May  God  preserve  you  many  years. 

Guatemala,  May  3,  1813. 

BUSTAMANTE. 

To  the  Governor  and  the  Most  JVohlc  Council 
of  the  City  of  Cartago. 


105 


No.  3. 


The  first  Constituent  Congress  of  Costa  Rica  directs  that  the 
Districts  of  Nicoya  and  Santa  Cruz  should  be  considered  as 
temporarily  annexed  to  the  State,  and  protected  as  such. 

The  Constitntent  Congress,  in  answer  to  jour  communication 
of  the  30th  of  last  month,  wherein,  by  order  of  the  Supreme 
Chief  Magistrate,  yi>n  ask  for  instructions  as  to  what 
must  be  done  with  the  District  of  Nicoya,  resolved  at  the 
meeting  held  yesterday,  as  follows :  That  the  Districts  of  Ni- 
coya and  Santa  Cruz  must  be  considered  annexed  to  this  State 
ad  interim,  until  otherwise  decided  finally  by  the  High  Powers, 
and  that  therefore  the  said  districts  must  be 'protected  and 
taken  care  of  with  as  much  circumspection,  prudence,  and 
earnestness  as  might  be  granted  to  any  other  integral  part  of 
the  Costa  Rican  State. 

And  by  order  of  Congress,  and  returning  to  you  the  papers 
of  the  case,  we  transmit  the  above  to  you  for  your  information 
and  the  proper  effects. 

God,  Union,  and  Liberty. 

San  Jose,  January  29,  1825. 

MANUEL  FERNANDEZ, 

Secretary. 
MANUEL  ALYARADO, 

Secretary. 

To  The  Citizen  Secretary-General  j^ro  tern. 


106 


No.  4. 

Measures  taken  by  the  Constitutional  Assembly  of  Costa  Rica 
to  carry  into  executio?i  the  Federal  Decree  xohich  annexed 
the  District  of  Nicoya  to  her  own  Territory. 

Okdek. 

Office  of  the  Secretaries 

OF  THE  Constitutional  Assembly. 
To  The  Citizen  Minister-General : 

The  Assembly  having  been  made  acquainted  witli  the  terms 
of  the  Federal  Decree,  declaring  that  the  District  of  Nicoya 
BE  annexed  to  this  State — 

jResolved,  That  the  Executive,  in  compliance  therewith,  shall 
cause  the  said  District  to  be  furnished,  as  soon  as  possible,  with 
all  the  necessary  officers ;  that  the  different  branches  of  the 
administration  of  its  Government  shall  be  organized  there  in 
the  proper  manner ;  that  the  Constitution  and  the  Laws  of 
THE  State  shall  be  communicated  to  it  and  enforced  ;  and  that 
a  census,  as  approximate  as  possil)le,  of  tlic  population  of  the 
said  District  shall  be  nuide  and  sent  to  the  Assembly  in  order 
that  it  may  resolve  about  the  representation  to  l)e  given  the 
District  in  that  l^ody,  and  the  manner  of  election. 

And  by  order  of  the  Assembly  we  transmit  the  above  to  you 
foi-  the  iiiforiiKitioii  of  the  Chief  Magistrate, 
(-luil,  L'nioii,  and  Liberty. 
San  Jose,  April  14,  182(>. 

VFA)RO  ZELED()N, 

/Se<Tetary. 
KUAxNCISCO   MAllIA  OUEAMIJNO, 

Sec?'etary. 


107 


No.  5. 

Extracts  from  the  Constitution  of  the  State  of  Nicaragua  of 
April  8,  1826,  showing  that  at  that  time  the  District  of  Qua- 
nacaste  or  Nicoya  was  not  an  integral  part  of  the  State,  hut 
had  heen,  hy  its  oimi  will,  and  with  the  sanction  of  the  Federal 
Power,  annexed  to  the  hord&ring  State  of  Costa  Rica. 

In  the  presence  of  God,  the  Author  and  Supreme  Legislator 
of  the  Universe : 

We,  the  Representatives  of  the  people  of  Nicaragxta  in 
Constituent  Assembly  convened,  being  fully  and  lawfully  au- 
thorized hy  our  constituents,  and  by  the  Federal  Compact  of 
the  Republic,  to  enact  an  organic  law  which  may  secure  the 
prosperity  and  happiness  of  the  State,  consisting  in  the  perfect 
enjoyment  of  the  rights  of  man  and  citizen,  namely,  liberty, 
equality,  safety,  and  property,  have  hereby  decreed  and  sanc- 
tioned the  following  political  Constitution  : 

Title  First. 
Of  the  State,  its  Territory,  its  Rights,  and  its  Duties. 

Chapter  I. 
Of  the  State  and  its  Territory. 

Article  1.  The  State  shall  retain  the  name  of  State  of 
Nicaragua.  It  consists  of  all  its  inhabitants  ;  and  it  forms 
part  of  the  Central  American  Confederation. 

Article  II.  The  territory  of  the  Staitc  embraces  the 
Districts  of  Nicaragua,  Granada,  Managua,  Masaya,  Ma- 
TAGALPA,  Segovia,  Leon,  Subtiaba,  and  El  Realkio.  * 

Its  limits  are :  On  the  east,  the  Sea  of  the  Antilles  ;  on  the 


'The District  of  Nicoya  was  not  named  in  this  description.  It  had  been 
segregated  from  Nicaragua  and  incorporated  into  Costa  Rica  two  years  be- 
fore. 


108 

north,  the  State  of  Honduras ;  on  the  west,  the  Gulf  of  Con- 
chasrua  :  ou  the  south,  tlie  Pacific  Ocean  :  and  on  the  south- 
east,  tlie  free  State  of  Costa  Rica. 

Article  III.  The  above-named  territoey  shall  be  divided 
into  Departments,  and  a  special  law,  providing  for  the  number 
and  limits  thereof,  shall  be  enacted. 

Article  CLXVIII.  The  present  Constitution  is  solemnly 
sanctioned  by  this  Constituent  Assembly. 

Given  in  the  City  of  Leon,  on  April  8th,  1826. 
MANUEL  MENDOZA, 

Dejniiy  for  2fatagalpa,  President. 
ISIDRO  REYES, 

Deputy  for  Leon,   Vice-President. 
PEDRO  MUKOZ, 

Deputy  for  Nicaragua. 
RAMON  PACHECO, 

Deputy  for  Suhtiaba. 
GREGORIO  PARRAS, 

Deputy  for  El  liealejo. 
SILVESTRE  SELVA, 

Deputy  for  Granada. 

FRANCISCO  re:kasco. 

Deputy  for  Masaya. 
JUAN  JOSE  ZAVALA, 

Diputy  for  Managua. 
JOSJi:  VICENTE  MORALES, 

Deputy  [suhatitute^  for  Leon. 
JUAN  MANUEL  ZAMORA, 

Deputy  for  Masaya. 
FRANCISCO  PARRALES, 

Deputy  for  Nicarugud,  Secretary. 
SEBASTIAN   ESCOVAR, 

Deputy  for  Urana<]((,  Secretary.^ 

'  As  waHnulural  and  logical  Nicoya  wiiH  not  lepreseQted  in  Uit-  ("onslituent 
Assembly  of  Nicaragua. 


109 

Leon,  April  22,  1826. 
Let  it  be  executed. 

Given  under  my  hand,  sealed  witli  the  seal  of  the  State  and 
countersigned  by  the  Secretary  in  charge,  ad  interim,  of  all  the 
Departments  of  tlie  Government. 

JOSE  MIGUEL  DE  LA  QUADKA. 
JUAN  ARGUELLO, 

Secretary. 


110 


No.  6. 

Schedule  shoioing  the  way  in  which  the  districts  of  the  Stait 
of  Costa  Rica  should  elect  their  deputies. 

The  letter  "  A "  indicates  the  place  where  the  parochial 
electors  sliould  meet  for  the  election  of  tlie  district  electors ; 
and  the  letter  "  B  "  indicates  the  place  where  the  district 
electors  must  meet  to  elect  the  deputies  and  their  substitutes, 
and  also  the  persons  who  must  exercise  the  supreme  powers  of 
the  State. 


Electors. 

Districts. 

ParochiaL 

District. 

Deputies. 

Substitutes.  ' 

t-  - 

San  Josd. 

Population,  16,288. 

San  Jose.     A.  B.         3 
Curridabat,                   1 
Aserri,                           1 

11 

3 

1             i 

Cartago. 
Population,  12.330. 

Cartago.     A.   B.         22 
Coo,                                1 
Quircot.                         1 
Tobosi,                          1 
Tres  Kios,                     1 

8 

2 

1 

Heredia. 
Population.  12,260. 

Alajuela, 
Population,  8,027. 

Bagaces. 

Population,  1,444. 

Escacu. 
Population,  3,273. 

Ujarraz. 

Population,  2,605. 

T(  rraba. 
Population.  1,019. 

Nicoya. 

Population,  4,600. 

Heredia.     A.  B.        22 
Barba,                            3 

8 

2 

1 

Alajuela.     A.  B.        16 

5 

2 

1 

Cafias.     A.                    1 
Bagaces,                       1 
Esparza,                       1 

1 

Escacu.     A.  B.            5 
Pacaca,                          2 
Ujarraz.     A.  B.           3 
Olosi,                             2 
Cucurritjue,                  1 

3 

1 

0 

2 

1 

0 

T.rraha.     A.                 2 
Boruca,                          1 

1 

Santa  Cruz.     A.  B.     3 
Nicoya,                          3 
Guanacaste,                  3 

3 

1 

0 

San  Jofic,  Sopteniher  '28,  1826. 


CASTUO, 

Secretary. 
OREAMUNO, 
Proto  Secretary. 


Ill 


JSo.  7. 

The  District  of  Nicoya  called  to  take  part  in  the  election  of 
the  Sirpveine  Federal  Authorities,  hy  order  of  the  Congress  of 
Costa  Rica,  and  as  an  integral  part  of  the  latter  State. 

Tlie  Supreme  Chief  Magistrate  of  the  free  State  of  Costa 
llica, 

Whereas  the  Assembly  has  decreed  and  the  Council  .sanc- 
tioned what  follows : 

The  Constitutional  Assembly  of  the  free  State  of  Costa  Hica, 
in  compliance  with  Title  III  of  the  Federal  Constitution,  as 
far  as  the  District  of  Nicoya,  newly  incorporated  into  this 
State  by  decree  of  the  Federal  Congress  of  Decem])er  9,  1825, 
is  concerned,  has  been  pleased  to  decree  and  decrees : 

Article  1.  The  District  of  Nicoya  siiall  take  part  in  the 
election  of  the  Supreme  P'ederal  authorities  in  the  Western 
Department  of  this  State  by  choosing  the  electors  to  represent 
it  in  tiie  Electoral  College. 

Article  2.  The  schedule  hereto  appended  shall  ^designate 
the  share  of  representation  to  l)e  given  to  each  district  and  town 
for  the  election  aforesaid ;  and  the  schedule  appended  to  the 
decree  of  October  l;3th  of  last  year  is  hereby  repealed.  In 
everytliing  else  the  election  shall  be  conducted  according  to 
the  provision  of  that  de(n-ee. 

To  The  Representative  Council. 

Given  at  San  Jose,  on  September  29,  1826. 

PEDRO  ZELEDON, 

President. 
JOSE  ANTONIO  CASTRO, 

Secretai'y. 
FRANCISCO  MARIA  OREAMUNO, 

Proto  Secretary. 


112 

Hall  of  the  Council, 
San  Jose,  OctoUr  6,  1826. 
Let  it  pass  to  the  Executive. 

JOS£  RAFAEL  de  GALLEGOS, 

President. 
GREGORIO  HERRERO, 

Secvetary. 

Therefore  let  it  be  executed. 
San  Jose,  Octo])er  10,  1826. 

JUAN  MORA. 
To  Citizen  Manuel  Aguilar. 


113 


No.  8. 

Nicoya  is  gratUed  the  r'ujld  to  tahe  pai^t  hi  the  election  of  the 
Supreme  Authorities  of  the  State  of  Costa  Rica  according  to 
the  Constitution  thereof. 

The  Supreme  Chief  Magistrate  of  the  free  State  of  Costa 
Rica, 

Whereas  the  Assemhly  has  decreed  and  the  Council  sanc- 
tioned what  foUows : 

The  Constitutional  Assembly  of  the  free  State  of  Costa 
Rica,  considering  tliat  the  District  of  Nicoya,  again  annexed 
TO  THIS  State,  ought  to  he  ruled  according  to  tlie  Constitution, 
and  to  liave  sucli  popular  representation  as  provided  hj  the 
same,  has  been  pleased  to  decree,  and  does  hereby  decree,  as 
follows: 

Article  1.  The  District  of  Nicoya  shall  be  at  once  repre- 
sented in  the  Constitutional  Assembly  by  one  Deputy,  who 
shall  be  elected  by  the  people,  to  serve  this  year  and  tlie  next 
one  of  1827. 

Article  II.  The  said  District  shall  take  part  at  the  proper 
time  in  the  election  of  the  Supreme  Powers  of  the  State ;  and 
for  that  purpose  three  votes  shall  be  allotted  to  it. 

Article  III.  The  elections  shall  take  place  as  provided  by 
the  Decree  of  the  Constituent  Congress  of  January  21,  1825, 
and  by  the  schedule  appended  thereto,  as  now  amended  by  the 
addition  of  the  said  District. 
To  The  Representative  Council. 

Given  at  San  Jose  on  September  28,  1826. 
PEDRO  ZELEDON, 

President. 
JOS]^  ANTONIO   CASTRO, 

Secretary. 
FRANCISCO  MARIA  OREAMUNO, 

Secretary. 
8 


114 

Hall  of  the  Council, 

San  Jose,  October  6,  1826. 
Let  it  be  transmitted  to  the  Executive. 

JOSE  RAFAEL  de  GALLEGOS, 

President. 

GREGORIO  herrero, 

Secretary. 

San  Jose,  October  10,  1826. 
Therefore  let  it  be  executed. 

JUAN  MORA. 
To  Citizen  Manuel  Aguilar. 


115 

No.  9. 
The  Nicaraguan  territory  ends  at  the  La  Flor  river. 

The  Legislative  A66einl)l}M)f  the  State  of  Nicaragua,  con- 
sidering:— that  the  only  road  through  which  trade  can  he  carried 
on  between  this  State  and  the  State  of  Costa  Rica  is  exceedingly 
out  of  order, — that  it  is  m-gent  to  repair  it  in  order  to  main- 
tain and  facilitate  relations  of  commerce,  friendship,  and  reci- 
procity,— and  that  energetic  measures  are  required  to  accom- 
plish this  purpose,  decrees : 

Article  I.  The  road  between  the  city  of  Rivas  in  Nicaragua 
and  the  District  of  Nicoya  shall  be  repaired,  as  fab  as  the 

RIVER  CALLED  La   FlOR-  ^ 


'  Limit  of  the  two  States. 


116 


No.  10. 

The  Constitutional  Assembly  of  Costa  Rica  enacts  several  meas- 
ures for  the  cultivation  of  certain  lands  belonging  to  the 
State,  situated  on  the  right  hank  of  the  San  Juan  del  Norte 
river. 

The  Supreme  Chief  Magistrate  of  tlie  free  State  of  Costa 
Rica. 

Whereas  the  Asserablj  has  decreed,  and  the  Couucil  sanc- 
tioned, what  folh)ws  : 

The  Constitutional  Assemblj^  of  the  free  State  of  Costa  Rica, 
wishing  to  secure  the  welfare  of  the  people  and  the  prosperity 
of  the  State,  taking  into  consideration  that  a  great  many  tracts 
of  land  of  consideriihle  extent  are  found  in  it  uncultivated  and 
uninlial)ited,  and  that  as  long  as  they  remain  in  this  condition 
they  are  useless,  while,  on  the  contrary,  if  cultivated  and  set- 
tled they  would  prochice  nuich  good  ;  wishing,  therefore,  to  give 
some  impulse  to  heneiicial  enterprises  in  this  direction,  and 
give  some  inducement  by  means  of  gratuitous  grants  of  land  to 
those  who  should  desire  to  undertake  them,  has  been  pleased 
to  decree,  and  does  hereby  decree,  as  follows  : 

Akticlk  I.  All  those  who  shall  settle  upon  lands  in  the 
north,  northeast,  east,  and  south,  and  cultivate  them  for  live 
consecutive  years,  shall  be  granted  the  whole  tract  cultivated 
by  them  for  the  term  of  eight  years,  and  also  an  additional 
"  caballeria  ;"i  and  those  who  shall  so  engage  themselves  in 
the  cultivation  of  the  land,  or  settle  there,  within  two 
years  after  the  publication  of  this  law,  shall  be  given,  in  addi- 
tion to  the  two  rewards  above  named,  one  more  "  caballeria." 
AiiTK'i.K  II.  Ill  addition  to  the  rewards  granted  in  the  f(»re- 
going  Article,  one  more  "caballeria"  .-hall    be  given   to  those 

'  CuballeriA  is  a  ineaBuru  contaiDiDg45  bectareas,  25  arctis,  and  \\  square 
mt'tcrs  (Metric  HystemJ. 


117 

who  shall  engage  themselves  in  cultivating  cocoa,  or  in  plant- 
ing any  kind  of  dye-wood. 

Article  III.  Those  who  shall  engage  themselves  upon  said 
lands  in  the  raising  of  liorned  cattle,  starting  with  from  25  to 
1,000  liead,  siiall  he  granted  a  sifio  (seven  "  cahallerias  ")  of 
land  ;  and  those  starting  with  rnoi-e  than  1,000  head  of  cattle 
shall  have  two  sitios,  provided  in  V)oth  cases  that  the  settle- 
ment is  continued  for  live  consecutive  years ;  and  those 
who  shall  settle  upon  the  lands  within  the  next  two  years 
shall  have  three  additional  "  cahallerias." 

Article  IV.  The  favors  granted  by  the  Decree  of  .Inly  H, 
1825,  are  hereby  extended  to  every  product  grown,  raised,  or 
obtained  in  tiie  aforesaid  settlements. 

Article  V.  Every  settler  who  should  at-k  for  the  survey  of 
his  lands  shall  have  his  request  granted,  undei'  the  provisions 
of  the  Decree  of  May  27th  ultimo ;  and,  if  his  petition  is  tiled 
within  two  years  after  the  publication  of  this  law,  the  additional 
favor  shall  be  granted  to  him  by  allowing  the  operation  to  be 
made  by  a  Commissioner  appointed  by  him,  and  sworn  by  the 
Intendente.  The  latter  otticer  shall  attend  to  everything  else, 
including  the  issuing  of  the  patent  or  title  without  charging 
any  fee. 

Article  VI.  The  lands  to  be  granted,  on  the  north  and 
northeast,  shall  be  as  follows  :  along  the  road  to  the  city  of 
Alajuela,  between  the  keighborhood  of  Frarjanes  and 
THE  ISLAND  AND  THE  San  Jlan  RIVER :  aloug  the  road  to  San 

Jose  BETW' EEN  THE  NEIGHBORHOOD  OF  THE  BlASCO  AND  S  ANTA  RoSA 
RIVERS  AND  THE  BANKS  OF  THE  SAID  SaN  JcAN  RIVER  ;    aloUg  the 

road  to  Cod,  between  the  neighborhood  of  the  El  Pescado  river 
and  the  volcano  of  Turialba  and  l)eyond  it;  along  the  roads /)f 
Matina,  between  the  Turialba  river  and  the  limits  of  Tucurrique 
and  beyond  it;  and  along  the  frontier  of  Colombia,  l»etwcen 
the  mouth  of  the  Santa  Clara  mountains  and  the  border-line, 
this  line  being  temporarily  the  one  drawn  from  one  of  the 
two  mentioned  points  to  tlie  other.  On  the  south  the  Govern- 
ment shall  in   each  case,  as  it  presents  itself,  designate  the 


118 

tracts  of  land  to  be  allotted  between  the  Portalon  lands  and 
the  El  Xaranjo  river,  and  also  between  the  mouths  of  the  groat 
rivers  of  the  interior  and  La  Candelaria,  and  between  the 
PENINSULA  OF  NicoYA  OR  Cabo  Blanco,  and  the  mouths  of 
the  Alvarado  river,  between  the  Gulf  and  the  neighborhood  of 
Barco-Quebrado. 

To  the  Representative  Council. 

Given  at  San  Jose,  this  26th  day  of  October,  1828. 
FELIx"  HIDALGO, 

Vice- President. 
JOSE  ANTONIO  CASTRO, 

Secretary. 
PEDRO  DOBLEZ. 

Proto  Secretary. 

Hall  of  the  Council, 

San  Jose,  j^(yv(3m<?'gr  3,  1828. 
Let  it  be  transmitted  to  tiie  Executive. 

JOSE  RAFAEL  ue  GALLEGOS, 

President. 
GREGORIO  GUERRERO, 

Secretary. 
Therefore  let  it  be  executed. 
San  JoB^,  November  4,  1828. 

JUAN  MORA. 
To  Citizen  Joaquin  J>ERNAiiDo  Calvo. 


119 

No.  11. 

Tlie  village  of  Guanacaste   is  raised  hy   the  Governrneni  of 
Costa  Rica  to  the  CAitegory  of  a  tovm. 

The  Supreme  Chief  Magistrate  of  the  free  State  of  Costa 
Rica, 

Whereas  the  Assetnl)ly  has  decreed  ;infl  the  Council  smiic- 
tioned  what  follows  : 

The  Extraordinary  Assembly  of  the  free  State  of  Costa 
Rica,  considering  the  meritorious  circumstancres  of  the  village 
of  Guanacaste,  its  progress,  and  the  increase  of  its  population, 
lias  been  pleased  to  decree,  and  does  herein-  decree,  as  follows  : 
Article  I.  The  village  of  Guanacaste  is  raised  to  the  (;at- 
egory  of  a  town. 

Article  II.  The  Executive  shall  issue  the  proper  credential 
on  stamped  paper  of  tiie  2d  class  of  seal  No.  1. 

Let  it  l)e  transmitted  to  the  Representative  Council. 
Given  at  San  Jose  on  July  18,  1831. 

JOSE  GABRIEL  del  CAMPO, 

President. 
MANUEL  ALVARADO, 

Secretary. 
RAFAEL  OSEJO, 

Secretary. 

Hall  of  the  Council, 
San  Jose,  July  23,  1881, 

Let  it  be  transmitted  to  the  Executive. 

BASILIC  CARRILLO, 

President. 
JOSE  ANSELMO  SANCHO, 

Sec7'etary. 
Therefore  let  it  be  executed. 
San  Jos^,  Julv  23,  1831. 

JUAN  MORA. 
To  the  Citizen  Joaquin  Bernardo  Calvo. 


120 


No.  12. 


The  town  of  Santa    Cruz  (i/i   the  District  of  Xi  coy  a)  has  a 
Representative  in  the  Assembly  of  the  State  of  Costa  Rica. 

The  Supreme  Chief  Magistrate  of  the  free  State  of  Costa 
Rica,  in  pursuance  of  the  provisions  of  Articles  51,  56,  and  80 
of  the  Constitution  of  the  State,  for  the  renovation  in  the 
coming  year  1833,  of  the  supreme  legishitive,  executive,  and 
conservative  powers,  has  been  pleased  to  decree,  and  does 
hereby  decree,  as  foHows : 

The  District  Electoral  College,  to  l)e  appointed  in  Janu- 
ary of  next  year  (1833),  for  the  renovation  of  members 
of  the  supreme  powers  of  the  State,  shall  act  as  follows :    *    * 

7th.  Santa  Cruz  shall  retain  the  representation  which,  under 
the  law  of  May  30,  last  year,  it  ouglit  to  have  had. 

■K-  *  *  -Jr  *  * 

Let  it  be  transmitted  to  the  Execuitive. 
Given  in  San  Jose  on  the  15th  of  May,  1832. 

JOAQUIN  DE  IGLESIAS, 

President. 
NICOLAS  ULLOA, 

Sec7'etai'y. 
JOS£  MARIA  ARIAS, 
Secretary. 
Tiierefore  let  it  be  executed. 
San  Jose,  May  18,  1832. 

JUAN  MORA. 
To  Citizen  .Ioaqi^in  Bkrnakdo  Calvo. 


121 


No.  13. 


histrncUo)is  given  to  the  Special  (Jominissioner  of  the    Gov- 
errment  of  Costa  Rica  to  visit  the  Districts  of  Nicoya  and 
.  Bagaces. 

The  Supreme  Cliief  Mfigistrate  of  the  free  State  of  Costa 
Kica  : 

Whereas  one  of  the  first  duties  of  tlie  Executive  power  is 
to  keep  order  and  preserve  the  tranquillity  of  the  State,  taking 
for  that  effect  such  measures  as  may  be  deemed  advisal)le ; 
and  whereas  an  official  communication,  dated  on  the  tiitii 
ultimo,  from  the  Superior  Court  of  Justice,  and  also  several 
reports  of  the  political  authorities  and  of  the  Intendente,  as 
well  as  reports  from  several  trustworthy  persons,  have  been  re- 
ceived, all  to  the  effect  that  the  Districts  of  Nicoya  and  Ba- 
gaces are  becoming  deuKiralized,  either  for  want  of  energy 
on  the  part  of  the  local  authorities  and  their  failure  to  enforce 
the  laws  and  superior  orders,  or  owing  .to  the  insubordination 
which  several  emigrants  from  the  State  of  Nicaragua  have  in- 
culcated in  their  inhabitants  ;  and  whereas,  if  the  proper 
measure  is  not  taken  in  time  to  preserve  order  in  that  precious 
part  of  the  State,  the  result  will  be  to  endanger  public  safety 
and  tranquillity,  to  cause  all  the  eleuients  of  prosperity  to  re- 
main stationery,  if  not  to  decline,  and  to  subject  the  individual 
rights  to  the  attacks  of  malice  and  lawlessness,  and  render  the 
police  either  faulty  or  useless ;  and  whereas  the  lack  of  prompt 
knowledge  on  the  part  of  the  superior  authority  of  what 
occurs  in  those  districts  renders  it  difficult  for  the  Govern- 
ment to  devise  the  proper  means  for .  enforcing  the  law 
and  securing  the  happiness  and  welfare  of  the  people  ;  and 
whereas,  in  consequence  of  the  disorder  therein  prevalent,  the 
public  Treasury  of  that  locality  cannot  get  the  means  neces- 
sary for  the  support  of  the  Govermnent  and  the  promotion  of 
works  of  general  interest,  in  spite  of  the  meritorious  circum- 


122 

stances  as  well  as  righteousness  of  the  Intendente  General 
of  the  State,  Citizen  Joaquin  Rivas,  I  have  tlierefore  decided, 
in  pursuance  of  Section  2d,  Article  LXXXIl  of  the  Organic 
Law,  and  of  Articles  XIII  and  XXXVII  of  the  Rules  and 
Regulations  of  September  28,  1831,  to  decree,  and  I  do 
lierebj  decree,  as  follows  : 

1st.  Citizen  Joaquin  Rivas,  the  Intendente  General,  is  hereby 
appointed  Connnissioner,  for  the  Executive,  and  in  representa- 
tion thereof,  to  go  personally  and  as  soon  as  possible  to  the  Dis- 
tricts of  Nicoya  and  Bagaces,  and  visit  there  with  the  zeal  and 
activity  cliaracterizing  him,  all  the  villages  and  towns  of  both 
Districts,  and  do  there  and  perform  all  that  is  provided  for  in 
this  Decree  and  in  the  instructions  which  separately  siuill  be 
given  to  him. 

2d.  The  said  Commissioner  shall  do  and  perform  what 
Article  4-1  of  the  law  of  June  13,  1828,  orders  the  superior 
political  chief  to  do,  and  shall  cause  the  municipal  authorities 
to  comply  witli  all  the  laws  (;onnnunicated  to  them  for  the  best 
order  in  the  public  administration,  especially  in  matters  of  po- 
lice, education,  increase  of  the  municipal  revenue,  honest  col- 
lection and  disbursement  of  the  public  funds,  the  public  health, 
the  protection  of  the  social  guarantees,  and  the  preservation  of 
the  archives. 

3d.  The  Commissioner  shall  also  cause  the  Government's 
Decree  of  August  31,  1832,  ab(»ut  vagrants  and  foreigners,  to 
be  strictly  enforced  ;  and  he  shall  not  leave  the  town  which  he 
may  be  visiting  witliout  having  caused  all  that  has  l)een  pro- 
vided foi-,  to  be  put  in  practice  and  without  having  established 
in  it  prinuiry  schools. 

4th.  The  Commissioner  shall  also,  in  pursiumce  of  the  laws 
in  torce,  inspectt  the  ofH(;es  in  charge  of  the  sale  of  stamj^ed 
j»aj)('r  ;  and  Im  sbull  also  inloiMii  hiniscU  of  the  condition  of 
the  j)ul)lic  revenue,  and  cause  the  laws  establishing  taxes  of 
Jill  kinds  to  Ite  enforced,  giving  for  that  j)urpose  to  each  sub- 
ordinatf  >ucli  ordci's  and  instructions  as  may  be  r»'([iiired. 

5111.   Tlu;  ('ouunissi(»ner  shall   report  to  the  (iovernment  the 


123 

result  of  his  action,  for  which  purpose  he  shall  keep  such  reg- 
isters or  journals  as  may  he  necessary;  and,  whenever  he  inay 
deem  it  advisable,  he  shall  communicate  directly  with  the  Gov- 
ernment from  the  place  where  he  might  happen  to  be. 

6tli.  The  civil,  military,  and  ecclesiastical  authorities  of  the 
said  Districts,  and  tlieir  towns  and  cities,  sliall  receive  and  rec- 
ognize the  aforesaid  Intendente  as  Connnissioner  of  the  Gov- 
ernment for  the  purposes  aforesaid,  and  shall  pay  him  such 
respect  and  consideration  as  is  due  to  his  character. 

7th.  The  salary  of  $30  per  month  shall  l)e  paid  the  said 
Commissioner,  in  addition  to  the  one  he  receives  under  the 
law  as  Intendente  General  ;  and  he  shall  be  attended  by 
two   mounted  orderlies. 

8th.  The  present  Decree  shall  be  printed,  published,  and 
circulated  for  its  due  execution. 

Given   at   the   city  of   San  Jose  this  7th  day  of    February, 

1834. 

JOSJi:  RAFAEL  de  GALLEGOS. 

To  The  Secretary-General  of  the  Government. 


124 


No.  14. 

Ciassiji cation  of  the  ioicus  of  Costa  Rica  in  reference  to  home 
government  and  Treasury  matters. 

The  Vice-President  acting  as  the  Supreme  Chief  Executive 
Magistrate  of  the  free  State  of  Costa  Rica. 

Whereas  the  A.ssembly  has  decreed  and  the  Council  sanc- 
tioned tlie  following  : 

"  The  Conj-titutional  Assembly  of  the  free  State  of  Costa 
Rica,  desiring  to  make  the  transaction  of  Government  business 
expeditious  and  efficient,  and  also  to  improve  the  organization 
of  the  Treasury,  by  appointing  three  high  officers,  who  shall 
exercise  superior  authority,  with  functions  equal  to  those  of 
the  sub-delegates  of  the  Intendencia  General,  in  their  respective 
districts,  has  decreed,  and  does  hereby  decree  : — 

Article  I.  In  order  to  facilitate  the  administration  of  the 
Government,  in  matters  of  Police,  antl  the  Treasury,  three 
high  officers  shall  be  stationed,  one  at  Cartago,  aiu)ther 
at  Alajuela,  and  the  third  at  the  town  of  G uanacaste ; 
they  shall  have,  in  their  respective  districts,  the  same  duties 
as  the  Political  Chief  had  under  the  law  of  June  13,  1828  ; 
and  they  must  have  the  qualifications  required  l)y  the  said 
law,  which  is  hereby  amended  so  as  to  be  made  applicable  to 
tliem. 

******* 

Akticlk  VI,  Tlic  Departments  or  districts  shall  be  named 
Eastern,  Western,  and  (4 uanacaste  :  the  first  comprising  the 
cities  of  San  Jos(''  and  Cartago,  the  towns  of  Paraiso  and  Es- 
casii  and  the  villages  of  Curridal)at,  Aserri,  Union,  (^uircot, 
Tobosi,  ( /O('),  ( )ro!ri',  Tncurrique,  Tcrral)a,  Boruca  and  the  val- 
leys of  'i'unialba  an<l  Matina  ;  the  second  the  cities  of  Heredia 
and  Alajuela,  the  town  of  P>arba  and  the  villages  of  Pacaca,  the 
Aguucate  Mine,  Esparzaan<l  Puntaiciias  ;  and  \\\{i 'M\  t/i e  tokens 


125 

OF    GuANACASTE    AND    BaGACES,    AND    THE    VILLAGES  OE    SaNTA 

Cruz,  Nicoya  and  Canas. 

Given  in  the  city  of  Alajnela  this  24th  day  of  March,  1835. 
MANUEL  AGUILAR, 

Presideyit. 
RAFAEL  REYES, 

Secretary. 
MANUEL  ANTONIO  BONILLA, 

Secretary. 

Hall  of  the  Council, 

Alajuela,  March  26,  1835. 

Let  it  pass  to  the  Executive. 

JOSE  JULIAN  BLANCO, 

Pi^esident. 
JOSE  MARIA  ALVARADO, 

Secretary. 
Therefore  let  it  be  executed. 
Alajuela,  March  27th,  1835. 

MANUEL  FERNANDEZ. 

To  The  Minister  General. 


126 

No.  15. 
Guanacaste  is  declared  to  be  one  of  the  Jive  judicial  distncts 
of  Costa  Iiica. 
Tlie  Vice-President,  acting  as  the  Supreme  Chief  Executive 
Magistrate  of  the  free  State  of  Costa  Rica, 

Whereas  the  Assembly  has  decreed  and   the  Council  sanc- 
tioned the  following : 

****** 

Article  VI.  For  the  remainder  of  the  year  tlie  five  justices 
shall  be  judges  of  first  instance  for  tlie  five  judii-ial  districts  in 
which  the  State  is  divided,  namely  :    1st,  the  District  of  Car- 
tago,  with  the  towns  of  Torj-aba,  Boruca,  Tucurrique,  Orosi, 
Coo,  Quircot,   Tobosi,   Valley   de    Matina,    Paraiso,   and    La 
Union  ;  2d,  the  District  of  San  Jose,  with  the  towns  of  Cur- 
ridabat,  Aserri,  Escasii,  and  Pacaca ;    3d,  the  District  of  He- 
redia,  with  the  town  of  Barba ;  4th,  the  District  of  Alajuela, 
with   the  Aguacate  mining  lands  ;  and,  5th,  the  District  of 
Guanacaste,  with  Bagaces,  Canas,  Nicoya,  and  Santa  Cruz. 
2o  the  Representative  Council. 
Given  at  the  city  of  Alajuela  on  March  23,  1835. 
MANUEL  AGUILAR, 

President. 
RAFAEL  REYES, 

Secretary. 
MANUEL  ANTONIO  BONILLA, 

Sea'ctary. 
Haix  of  the  Council, 

Alajuela,  March  27,  1835. 

Let  it  pass  to  the  Executive. 

JOSE  JULIAN  BLANCO, 

President. 
JOSft  MvVRIA  ALVARADO, 

Secretary. 
Therefore  let  it  i)e  executed. 

Ahijucla,  March  27,  1835. 

MANUEL  FERNANDEZ. 
To  The  Minister-General. 


127 


No.  16. 

The  faithfulness  of  the  District  of  Nicoya^  and  its  services 
s^ibsequent  to  its  incorj)oration  to  Costa  Rica,  are  recognized 
and  rewarded. , 

The  Supreme  Chief  Magistrate  of  the  free  State  of  Costa 
Rica,  taking  into  consideration  the  services  rendered  bv  the 
District  of  Nicoya,  and  the  faithfulness  wuh  which  it  has 

DISTINGUISHED  ITSELF  EVER  SINCE  ITS  ANNEXATION  TO  THIS  StATE, 

and  desiring  to  facilitate  by  every  possible  means  tlie  increase 
of  its  population,  as  well  as  its  commerce,  and  secure  for  it  the 
degree  of  progress  to  which  it  is  entitled  by  the  good  character 
of  its  inhabitants,  the  fertility  of  its  soil,  and  its  advantageous 
topographic  position,  has  been  pleased  to  decree,  and  decrees 
as  follows : 

Article  I.  An  annual  fair  to  last  three  days,  to  commence 
on  December  8th  of  each  year,  is  permitted  to  Guanacaste ; 
and  also  to  Santa  Cruz,  to  begin  on  Ascension  day ;  and  also 
to  the  town  of  Nicoya,  to  begin  on  Candlemas  day  ;  and  also 
to  the  town  of  Bagaces,  to  begin  on  July  24th ;  and  also  to  the 
town  of  Cafias,  to  begin  on  December  25th.  And  the  authori- 
ties of  the  said  localities  shall  see,  under  their  strictest  respon- 
sibility, that  public  order  and  peace  and  public  morality  are 
not  disturbed,  and  that  the  disturbers  of  public  peace  are  duly 
punished  according  to  law. 

Article  II.  The  ground  on  which  the  said  fairs  are  to  be 
held,  and  the  house  to  Ije  used  for  the  same,  whether  already 
built  or  to  be  built  in  the  future,  is  hereby  granted  to  the  in- 
habitants of  said  towns  in  fee  simple,  the  area  of  the  ground 
being  equal  to  a  -Jg  yard  lot  of  national  measure. 

Article  III.  The  Government  shall  also  see  that  the  towns 
of  the  said  Department  are  given  possession  of  such  gronnds 
to  be  used  as  commons,  as  they  are  entitled  to,  and  that  by 
this  means  their  own  resources  are  increased,  provided,  how- 


128 

ever,  that  the  formalities  of  the  law  applicable  to  the  case  are 
duly  complied  with. 

To  the  Representative  Council. 

Given  at  the  city  of  Heredia,  on  the  25th  day  of  March, 

1836. 

MANUEL  AGUILAE, 

Preside^d. 

MANUEL  BONILLA, 

Secretary. 
FRANCISCO  SAENZ, 

Proto  Secretary. 

Hall  of  the  Council, 

Heredia,  April  8,  1836. 
Let  it  pass  to  the  Executive. 

JUAN  Y.  ESCALANTE, 

President. 
JOSE  MARIA  ECHAVARRIA, 

Secretanj. 
Therefore  let  it  be  executed. 
San  Jose,  April  9,  1836. 

BRAULIO  CARRILLO. 
To  The  Minister- Gp:neral. 


129 


No.  IT. 

The  rank  and  title  of  City  is  given  to  the  tcnnn  of  (Tuanacaste 
in  recognition  of  the  services  rendered  ly  it  to  the  State  hy 
resisting  the  iiivasion  of  Manuel  Quijano. 

The  Supreme  Chief  Magistrate  of  the  free  State  of  Costa 
Pica, 

Whereas  the  Asseinhly  has  decreed  and  the  Council  sanc- 
tioned what  follows : 

The  Constituent  Assembly  of  tiie  free  State  of  Costa  Rica 
considering — 1st.  That  the  Department  of  Guanacaste  has 
rendered  an  important  service  to  the  State  in  defending  itself 
against  the  invaders  of  its  territory  under  the  leadership  of 
Manuel  Quijano. — 2d.  That  it  is  necessary  for  the  State  to 
show  in  some  way  its  appreciation  of  the  said  service  and  of 
the  esteem  m  which  it  holds  the  inhabitants  of  that  district  for 
the  coui'age  and  enthusiasm  shown  b}'  them  on  that  occasion, 
has  been  pleased  to  decree,  and  decrees  as  follows  : 

Article  I.  The  rank  and  title  of  a  City  is  granted  to  tlie 
town  of  Guanacaste. 

Article  II.  The  inhabitants  of  the  whole  Department  are 
hereby  exempted  for  one  year  from  paying  the  tax  known  as 
"  road  tax." 

To  the  Tie2)resentative  Council. 

Given  at  the  City  of  Heredia  on  August  25,  1836. 

MANUEL  ANTONIO  BONILLA, 

President. 

FRANCISCO  SAENZ, 

Proto  Secretary. 

9 


130 

Hall  of  the  Council, 

Heredia,  September  2,  1836. 

Let  it  pass  to  the  Executive. 

JOAQUI^^    FLORES, 

President. 
JOS£  MARIA  ECHAYARRIA, 

Secretary. 
Therefore  let  it  be  executed. 
San  Jose,  September  3,  1836. 

BRAULIO  CARRILLO. 

To  The  Minister-General. 


131 


No.  18. 

Schedule  for  the  election,  of  dep  idles  to  the  Constituent  Assem- 
bly of  the  St<Ue,  at  the  rule  of  one  deputy  for  each  5,000 
souls,  and  fractions  of  that  u.nit  to  the  nuinher  (f  3,000. 
The  letter  A.  means  the  jjlace  where  the  lyarochial  electors 
must  rneet,  and  the  letter  B.  shoivs  the  jdace  where  the  dis- 
trict electors  must  meet. 


Electobs. 

I 

Districts.               !            Parochial  ElixtorH. 

iSi:^ri'^'"p»ti- 

Substitutes. 

Paraiso. 
Population,  3,825. 

Paraiso.     A.  B.           3 
Matiua,                           1 
Orosi,                             1 
Tucurrique,                   1 
Boruca,                          1 
Terraba.     A.                 2 
Cartago.     A.  B.         28 
Coo.                    '           1 
Quircot,                          1 
Tobosi,                            1 
Union,                             1 

4 

1 

0 

Cartago. 
Population,  15,875. 

10 

3 

1 

San  Jose. 
Population,  20.262. 

San  Jose.     A.  B.       38 
Curridabat,                    1 
Asseri,                              1 

1 
13               4 

2 

Heredia. 
Population,  15,262. 

Alajuela. 
Population,  10,151. 

1 

Heredia.     A.  B.        27 
Barba,                            3 
Canas.     A.                     1 
Alajuela.  A.  B.  with 

Aguacate,                16 
Bagaces,                         1 
Esparza  and  Punta 

Areuns,                        1 

10 

3 

1 

6 

3 

1 

Escasu. 
Population,  3,513. 

Escasu.     A.  B.            5 
Pacaca,                          2 

4 

1 

0 

Nicoya. 
Population,  5,846. 

Guanacaste.     A.  B.    3 
Santa  Cruz.     A.           5 
Nicoy&,                          4 

1                1 
4               1                  0 

i                 1 

Office  of  the 
4,  1838. 


Secretary  of  the   Asr-emlilj,  San  Jose,  July 

JUAN  BONILLA, 

Secretary. 

KAFAEL  KAMIREZ, 

Secretary. 


132 

No.  19. 

The  Constituent  Assembly  of  Nicaragua,  of  1838  gives  power 
to  the  Executive  to  enter  into  a  treaty  with  the  Envoy  of 
Costa  Rica. 

The  Chief  Magistrate  of  the  State  of  Nicaragua, 
Whereas  the  Constituent  Assembly  has  decreed  as  follows  : 
The  Constituent  Assembly  of  the  State  of  Nicaragua,  desir- 
*ing  to  strengthen  friendship  and  alliance  with  the  State  of  Costa 
Rica,  on  the  ground  that  the  present  safety  and  future  happi- 
ness of  l)oth  States  depends  to  a  great  extent  on  the  accom- 
plishment of  tliis  desire,  and  considering  that  the  Executive 
needs  ample  autliority  to  deal  with  tiie  Envoy  accredited  in 
this  capital ; — in  use  of  the   ample  powers  which  have  been 
vested  in  it  by  the  people,  has  been   pleased  to  decree  and 
decrees : 

Tiie  Executive  is  hereby  authorized  to  adjust  with  the  Envoy 
of  Costa  Ri(;a  such  treaties  of  friendship  and  alliance  as  may  be 
deemed  conducive  to  the  good  of  both  States,  subject  to  the  ap- 
proval (jf  this  Assembly  1 

Let  it  be  transmitted  to  the  Executive  for  the  purposes  that 
it  1)0  printed,  pul>lis]ied,  and  circulated. 
Given  at  Leon,  on  November  8,  1838. 

BENITO  ROSALEZ,      . 

President. 
SEBASTIAN  SALINAS, 

Secretary. 
FAUSTO  CHAMORRO, 

Secretary. 

'rhcr''foi"c  let  it  be  executed. 
]>eon,  Decendter  1,  1838. 

JOSI']  NUNEZ. 

To    ThK    Sl<;(JKKTAKV-(iK.\i:iiAI.. 

'  Til  is  decree  wiis  isHUcil  when  Ddd  Francisco  Maria  Orcamuiio,  Uosta 
Hiciiri  Hiivoy,  prcHcritcd  liiinHclf  to  the  Cabinet  of  Nicarajtua  for  the  purpose 
tlial  lliat  State  sliould  linally  givM  up  iicr  claim  to  the  District  of  Guanacaste. 


133 


No.  20. 

Law  enacted  by  the  Constituent  Asseinhly  of  Nicaragua  on 
December  21,  1838,  to  carry  into  effect  Article  II  of  the 
Constitution  of  the  same  year. 

The  Chief  Magistrate  of  the  State  of  Kicaragiia, 
Whereas  the  Constituent  Asseinltly  has  decreed  what  fol- 
lows :  # 

The  Constituent  Assembly  of  the  State  of  Nicaragua,  desir- 
ing to  establish  and  regulate  the  method  of  election  of  the  Su- 
preme authorities  of  the  State  in  conformity  with  tiie  rules 
prescribed  by  the  organic  law,  has  been  pleaded  to  decree  and 
decrees : 

Chapter  I. 

Article  I.  The  State  is  dicided  into  four  Departments, 
namely,  East,  West,  North,  and  South. 

Article  II.  The  DepartuKiut  of  the  East  embraces  three  Dis- 
tricts, namely  Granada,  Masaya,  Xinotepet. 

Article  III.  The  Department  of  the  West  embraces  two, 
namely  Leon  and  Chinandega. 

Article  IV.  The  Department  of  the  North  embraces  two 
Districts,  namely  Segovia  and  Matagalpa. 

Article  V.  The  Department  of  the  South  shall  em- 
brace ONLY  ONE,  namely  RiyAS,  UNTIL  THE  QUESTION  PENDING 
BETWEEN  THIS  GOVERNMENT  AND  THE  GOVERNMENT  (>F  CoSTA 
E.ICA  FOR  THE  REINCORPORATION  OF  THE  DISTRICT  OF  GuANA- 
OASTE  IS  SETTLED. 

Article  VI.  The  Disti-ict  of  Granada  consists  of  the  city  of 
the  same  name,  the  town  of  Acoyapa,  and  the  villages  of  Boaco, 
Camoapa,  Lustepet,  Comalapa,  Juigalpa,  Lovago  and  Lovi- 
guisca. 

Article  VII.  The  District  of  Masaya  consists  of  the  city 
of  this  name  and  those  of  Managua  and  Tipitapa,  and  the 
towns  of  Nindiri  and  Mateare. 


134 

Article  VIII.  The  District  of  Jinotepet  consists  of  the 
village  of  this  name  and  those  of  San  Juan,  Nandaimes,  Santa 
Catarina,  Nicjuinohouio,  Masatepe,  Diria,  Dii-iomo,  Diriamba, 
Nandasmo,  San  Marcos,  San  Rafael  and   Santa  Teresa. 

The  District  of  Leon  consists  of  the  city  of  this  name  and 
the  towns  Snbtiaba.  Pueblo  Nnevo,  and  Nagarote. 

Article  X.  The  Disti-ir.t  of  Chinandega  consists  of  this 
town  and  those  of  Realejo  and  Villa  Nueva,  and  the  villages 
•  of  El  Viejo,  Chichigalpa,  Guadalupe,  Posoltega,  Posolteguilla, 
Telica,  Quezalquaque,  Somotillo,  El  Sauce  and  Santa  Rosa. 

Article  XL  The  District  of  Segovia  consists  of  the  vil- 
lages of  Somoto,  Totogalpa,  Ocotal,  Mosoute,  Macuelizo, 
Nueva  Segovia,  Jicaro,  Jalapa,  Telpaneca,  Palacaguina,  Ja- 
lagt'iina,  Pueblo  Nuevo,  Condega,  San  Juan  do  Leinay,  Estile 
and  La  Trinidad. 

Article  XII.  The  District  of  Matagalpa  consists  of  the 
village  of  the  same  name  and  those  of  San  Rafael,  Jinotega, 
Scbaco,  Metapa,  Tierra  Bona,  San  Dionisio,  Esquipulas,  Min- 
mui,  and  San  Ramon. 

Article  XIII.  The  District  of  Rivas  consists  of  the  city 
of  the  same  name  and  the  villages  of  San  Gorge,  Pueblo 
Viejo,  Buenos  Ayres,  Potosi,  Obrage,  Puel)lo  Nuevo,  Tola, 
Ometepe  and  Moyogalpa, 

Article  XIV.  Each  District  above  named  shall  elect  one 
deputy,  l)ut  the  District  of  Leon  and  the  District  of  Rivaa 
shall  elect  two  each.  The  numl)er  of  the  primary  electors 
wlii{;h  coiTcsponds  to  each  town  or  village  above  luimed  shall 
appear  from  the  schedule,  which  is  appended  to  this  decree. 

Article  XV.  Those  towns,  where  more  than  ten  electors  are 
to  be  chosen,  shall  be  divided  in  as  many  cantons  as  are  des- 
ignafeil  in  the  schedules  appended  to  this  decree,  and  the  limits 
of  these  crantons  shall  be  fixed  by  tlie  respective  municipal  au- 
thorities ac«*ordiiig  to  the  basis  of  their  ])opulution  and  the 
number  of  the  electors  to  lie  chosen.  The  same  numicipal  au- 
thoiitics  shall  also  designate  the  place  at  each  canton  where 
the  popular  meetings  nmst  lie  held. 


135 


No.  21. 

Prooislons  of  the  Decree  of  Bases  and  Gudvantees  of  March 
8,  1841,  in  regard  to  Costa  Rieaii  Territory. 

Article  1. 
Of  the  State. 

9 

§  1.  The  State  consists  of  all  its  inhabitants  whether  native 
or  naturalized.  It  is  sovereign  and  independent  both  in  its 
internal  administration  and  its  foreign  relations.  The  sov- 
ereignty essentially  resides  in  the  whole  of  the  State ;  and 
no  section  theyeof,  whether  large  or  small,  nor  any  person  ex- 
ercising the  supreme  power,  shall  assume  the  title  of  sovereign. 

§  2.  The  territory   of   the    State    is    comprised    within 

THE  following  LIMITS  :  On  THE  WEST  THE  La  FlOR  RIVER, 
AND  THE  CONTINUATION  OF  THE  LINE  THEREOF,  AND  ALONG  THE 
SHORE  OF  THE  LaKE  OF  NICARAGUA  AND  THE  8aN  JuAN 
RIVER  TO  THE  MOUTH  OF  THE  LAi'TER  ON  THE  ATLANTIC  ;  ON 
THE     NORTH     THE    ATLANTIC    OcEAN    FROM     THE    MOUTH    OF    THE 

San  Juan  river  to  the  Escudo  de  Veragua  ;  on  the 
east  from   the  latter  place  to  the  Chiriqui  river ;  and  on  the 

SOUTH  FROM    THE    LATTER    RIVER    AND    ALL    ALONG    THE  COAST  OF 

THE  Pacific  Ocean  to  the  La  Flor  River. 

§  3.  The  territory  of  the  State  is  divided  into  live  Depart- 
ments, the  capitals  of  which  shall  be,  respectively,  Cartago,  San 
Jose,  Heredia,  Alajuela,  and  Guanacaste.  The  first  will  con- 
sist of  all  the  towns  between  Matina  and  the  E\  Fierro  river ; 
the  second  will  be  comprised  between  the  latter  river  and  the 
Virilla  river,  including  the  towns  of  Terral)a  and  Boruca. 
The  third  department  will  be  comprised  between  the  Virilla  and 
the  Segundo  rivers.  The  fourth  will  l^e  comprised  between 
the  Segundo  and  the  Chomes  rivers  ;  and  the  fifth  will  be 
comprised  between  the  Chomes  and  the  La  Flor  rivers. 
The  Departments  are  subdivided  into  towns,  and  the  towns 


136 

into  wards  and  sections,  but  the  titles  so  far  obtained  of  cities 
and  towns  shall  be  preserved  ;  but  in  the  future  no  such  titles 
shall  be  granted,  except  for  great  services  rendered  to  the  State. 
Wlien  the  increase  of  the  population  may  demand  another  dis- 
tribution of  the  Departments,  all  new  arrangements  shall  be 
based  upon  the  rate  of  30,000  inhabitants  for  each  one. 


137 


No.  22. 

The  ConstHuent  Assemhly  of  Costa  Rica  of  1842  declared 
that  the  Province  of  (ruaiKicaste  is  an  integral  j!>^<r^  of  the 
national  territory  and  that  it  is  incamhent  irpon  the  honor 
of  the  nation  to  repel  the  aggression  attempted  by  Nicaragua. 

The  Provisional  Supreme  Chief  Magistrate  of  the  State  of 
Costa  Rica, 

Whereas  the  Constituent  Assembly  has  decreed  what  fol- 
lows : 

The  Constituent  Assembly  of  the  State  of  Costa  Rica,  upon 
consideration  of  the  decree  enacted  by  the  Legislative  As- 
sembly of  the  State  of  Nicaragua,  dated  May  2-1  th  instant, 
giving  authority  to  the  Supreme  Director  of  that  State  to 
actually  annex  to  it  the  District  of  Guanacaste  ;  and  consid- 
ering : 

1st.  That  by  decree  of  the  Federal  Congress  of  December 
9,  1825,  THE  SAID  Department  was  incorporated  into  the 
TERRITORY  of  Costa  Rica,  until  the  demarcation  of  the  States 
provided  for  by  Article  VII  of  the  Constitution  of  the  Repub- 
lic was  accomplished. 

2d.  That  by  virtue  of  the  said  decree  the  State  took  pos- 
session OF  THE  said  Department  and  administered  the  Gov- 
ernment thereof,  with  just  title,  and  has  retained  it  ever  since 
AS  AN  INTEGRAL  part  of  its  territory. 

3d.  That  ever  since  the  emancipation  from  the  Spanish  Gov- 
ernment, the  local  and  nuinicipul  authorities  of  those  towns  and 
villages  have  always  shown  their  decided  desire  that  Guana- 
caste  should  BE  ANNEXED  TO  THE  TERRITORY  OF  CoSTA  RiCA,  re- 
peated applications  having  been  made  by  them  to  that  effect, 
as  witnessed  by  the  preliminary  remarks  of  the  aforesaid  de- 
cree of  December  9th! 

4th.  That  subsequently  to  the  disruption  of  the  national 
representation  in  1838,  the  people  of  that  locality,  through 


138 

their  respective  authorities,  solemnly  Reiterated  their  de- 
cision to  continue  united  to  Costa  Rica. 

5 til.  That  the  reincorporation  of  that  Department  to 
Nicaragua,  as  is  attempted,  is  an  usurpation  of  the  indispu- 
table right  to  possess  it  given  by  law  to  Costa  Rica,  and  that 
in  consequence  it  is  incumbent  upon  the  honor  and  the  duty 
of  the  State  to  preserve  the  integrity  of  its  territory  and 
the  dignity  of  its  name,  repelling  by  all  means  the  aggres- 
sion which  is  intended  against  it  for  the  purpose  of  despoiling 
it  of  its  property. 

By  unaminous  vote  decrees : 

Article  I.  The  Department  of  (tuanacaste  is  an  integral 

PART  of  the  territory  OF  CoSTA  RiCA. 

Article  II.  The  Executive  shall  see  by  all  means  that  the 
integrity  OF  THE  State,  its  dignity  and  its  rights  shall  be  pre- 
served. 

Let  it  be  communicated  to  the  Executive  for  due  execution 
and  in  order  that  it  may  be  printed,  pul)lished  and  circulated. 

Given  at  the  City  of  ISan  Jose  on  the  25th  da}'  of  August, 
1842. 

JOSE  FRANCISCO  PERALTA, 

Preside7it. 
JOAQUIN  B.  CALVO, 

ISecj'efary. 
FELIX  SANCIIO, 

Secretary. 

Therefore  let  it  be  executed,  circulated,  and  j>ublishcd. 
Government  House,  San  Jose,  August  27,  1842. 

FRANCESCO   MORAZAN. 
To  General  -losE  Miguel  Sara  via. 


139 


No.  23. 

Revenue  posts  are  estahJished  on  the  Sarapiqui  and  La  1'lor 

rivers. 

The  President  of  the  State  of  Costa  Rica, 

Upon  information  that  foreign  goods,  as  well  as  those  articles 
the  traffic  of  which  the  Government  has  reserved  for  itself,  are 
frequently  smuggled  into  this  State  through  the  northern  coast, 
the  Sarapiqui  river,  and  the  western  frontier  ;  and  considering 
that  it  is  the  duty  of  the  Executive  to  prevent  this  trade  from  he- 
ing  carried  on,  to  the  detriment  both  of  lawful  commerce  and 
the  public  Treasury  ;  in  use  of  the  faculties  vested  in  him  by  sec- 
tions 22  and  26  of  Article  110  of  the  Constitution,  and  by  the 
law  of  December  31, 1845,  decrees  : 

Article  I.  A  revenue  military  post  is  established  on  the 
northern  coast,  on  the  banks  of  the  Sakapiqci  river ;  and 
another  of  the  same  kind  upon  the  banks  of  thk  La  Flor 
RIVER, ^  in  the  western  part  of  the  State;  and  both  of  them 
will  be  stationed  at  the  places  which  the  Government  may 
designate. 

Article  II.  Each  one  of  these  posts  will  be  in  charge  of  a 
commandant,  subject  to  the  orders  of  the  Intendente-General ; 
and  this  commander  shall  have  under  him  such  troops  as  ac- 
cording to  the  circnimstances  may  be  determined. 

Article  III.  It  will  be  the  duty  of  those  posts  to  seize  the 
merchandise  and  goods  unlawfully  introduced  into  the  State, 
and  also  to  prevent  all  persons  from  going  out  of  the  State 
without  exhibiting  their  proper  passports  ;  ^and  after  six  months 
subsequent  to  the  date  of  this  decree  it  shall  be  also  their  duty 
to  take  to  the  interior  any  person  who  does  not  come  provided 
with  that  document. 

Article  IV.  The  said  posts  shall  be  entitled  to  that  share 


'  This  was  the  boundary  of  Costa  Rica  after  the  annexation  of  Guanacaste. 


140 

of  the  articles  seized  which  is  allowed  by  law  in  recompense 
of  this  service. 

Given  at  the  citv  of  San  Jose,  on  May  10^  1847. 

JOSE  ilAEIA  CASTKO. 

To  Senor  Juan  de  Dios  Zespedes, 
Chief  of  Bureau^  hi  charge  pro  tern. 

of  the  Departments  of  War  and  Treasury. 


141 


No.  24. 

^  7A<?  Congress  of  Costa  Rica  approves  the  E^recutive  Decree 
which  establishes  military  7'evenue  posts  on  the  Sarupiqui 
river  and  the  icestern  frontier  of  Nicaragua. 

DEPARTArENT  OF  THE    TREASURY,  WaR,  AND  N AVV. 

No.  266.— Circular. 

Government  House, 
San  Jose,  t/ime  16,  1847. 
The  Constitutional  Conj^ress  communicated   to  njc  on  tlic 
11th  instant  what  follows: 

"  The  Constitutional  Congress  having  taken  into  considera- 
tion the  communication  made  by  the  Executive  on  the  27th  of 
May  nltimo,  asking  for  the  approval  of  Decree  No.  1, 
dated  on  the  10th  of  the  same  month,  by  which  two  military 
revenue  posts  are  established  on  the  Nicaraguan  frontier,  and 
on  the  banks  of  the  Sarnpiqui  river;  and  taking  into  consid- 
eration the  provisions  of  §  26  of  Article  110  of  the  funda- 
mental law,  and  the  report  of  the  proper  committee,  has  been 
pleased,  at  a  meeting  held  yesterday,  to  approve  said  Decree. 
And  I  have  the  honor  to  transmit  it  to  you  by  order  of  the 
President  of  this  State,  for  your  information  and  the  proper 
eifect,  hoping  that  you  will  be  pleased  to  acknowledge  the 
receipt  of  this  communication,  and  to  accept  the  consideration 
with  which  I  subscribe  myself  your  obedient  servant. 
By  the  Minister  : 

JUAN  DE  DIGS  ZKSPEDEZ, 

Chief  of  Bureau. 


14:2 


No.  25. 


The  road  which  leads  to  the  La  Flor  ricer,  tlie  frontier  of 
the  States  of  Costa  Rica  and  Nicaragua^  is  ordered  to  be 
repaired. 

Juan  Rafael  Mora,  President  of  the  liepublie  of  Costa  Rica : 

Whereas  tlie  Constitntioual  Congress  has  decreed  as  fol- 
lows : 

The  Constitutional  Congress  of  the  Republic  of  Costa  Rica, 
taking  into  consideration  that  the  tax  of  one-half  i-eal  (6j-  cents), 
levied  at  the  toll-gate  upon  each  head  of  cattle  passing  through 
there,  was  created  by  the  law  of  August  7,  1827,  to  be  used 
in  part  for  the  opening  and  repair  of  the  road  leading  to  the 
frontiers  of  tiie  State  of  Nicaragua,  which  ()l>ject  has  not  been 
realized  ;  and  also  considering  that  the  residents  and  land-own- 
ers of  the  Province  of  Guanacaste,  upon  whom  the  said  tax 
was  especially  laid,  demand  that  this  money  be  used  iur  the 
aforesaid  purposes  ;  and  considering  that  it  is  of  tlie  highest 
importance  to  the  commerce  and  industry  of  the  country,  that 
the  means  of  (•.ommuiii(tation  l)etween  this  Repul)lic  and  the 
neighboring  State  should  be  facilitated,  has  been  pleased  to 
decree,  and  decrees  : 

Article  I.  Out  of  the  amount  realized  from  tlic  tax  imposed 
upon  cattle  l)y  the  law  of  August  7,  1847,  tliere  shall  be 
placed  at  the  disposition  of  the  Goverimr  of  the  Province  of 
Guaiuicaste  tlx-  sum  of  SHOO,  to  be  used  in  the  opening  of  the 
road  which  leads  from  the  Pakranc:a  to  tuk  La  Flor  I'iver,^ 
the  said  tax  being  devoted  in  the  future  to  the  repaii-  and  im- 
provomcnt  of  the  saitl  road. 

To  tbe  Kxccufive  Power. 

'Boundary  of  Ihc  l\v«  Slulcs  ullhcdiilc  of  this  decree. 


143 

Given  at  the  Palace  of  the  Supreme  Powers  in  San  Joe^,  on 

the  11th  day  of  July,  1851. 

FKANCISCO  MARIA  OREAMUNO, 

President. 
MODESTO  GUEVARA, 

Secretai'y. 
MIGUEL  MORA, 

Seo'etary. 

Therefore  let  it  be  executed. 

National  Palace,  San  Jose,  July  28.  1851. 

JUAN  RAFAEL  MORA. 

MANUEL  JOSE  CARAZO. 

To  The  Secretary  of  War  and  of  the  Treasuby. 


144 


No.  26. 

Bases  for  the  formation  of  a  Company^  named  the  Sarapiqxii 
ComjKiny^for  the  upening  of  a  road  from  San  Jose  to  the 
Sarapiqai  river^  and  for  the  navigation  of  the  said  river, 
in  order  that  the  exportations  of  Costa  Rica  may  he  made 
through  the  San  Juan  river. 

Juan  Rafael  Mora,  President  of  the  Republic  of  Costa  Rica : 

Takino;  into  consideration  : 

1st,  tliat  the  pi-ospei-ity  of  the  country  l)cing  based  upon  ag- 
riculture and  commerce,  it  is  of  the  highest  importance  to  im- 
pi-ove  those  two  great  fountains  of  wealth  in  order  that  they 
may  improve  day  t>y  day  and  reach  perfection. 

2d.  Tliat  one  of  the  best  means  of  reachiiiir  the  end  indi- 
cated is  to  lay  out  convenient  and  short  I'oads  leading  to  the 
ports  on  both  oceans. 

;>d.  That  at  present  the  Republic  owns  a  very  good  road  on 
the  Pacilic  that  can  bo  impi-oved  ;  and  that  there  is  none  on  the 
side  of  the  Atlantic,  although  such  a  one  has  been  demanded  for 
a  lung  time  by  the  urgent  interest  of  the  Costa  Rican  people. 

4th.  That  several  schemes,  surveys,  and  examinations  have 
been  undertaken  for  the  last  30  years  at  different  times  by 
sevei'al  c-itizens  of  tlie  nation  in  ordei'  to  ac('(^mplish  such  a  de- 
bii'e<l  puri)ose. 

r)th.  That  subsequently  to  \\\v  said  attcmpt>  the  discovery 
was  made  of  the  means  of  biiihiing  a  road  giving  easy  access 
to  the  SARAPiyuf  kivkk,  wmicm  is  navioahle,  and  empties  into 
the  San  Juan  kivkk,  whkii  in  its  turn  emftiks  into  the 
Northern  Sea,  wlicrc  there  is  a  good  port  known  and  fre- 
quented by  all  commci-cial  nations. 

0th.  That  the  (irttvernment,  yichling  to  the  general  clamor, 
and  taking  athanhigc  of  llial  (lisc()very,  gave  th(;  proper  au- 
thority, for  a  formal  survey,  and  foi'  the  lu  ii.dinc;  of  tue  koad, 
and  ap])ro])riate<I  for  that  ]>ui"pose  a  portion  of  the  revenue  de- 


145 

voted  to  roads;  and  that  the  said  formal  survey  proved  to  be 
successful,  and  also  that  the  work  began,  but  could  not  be  com- 
pleted, for  want  of  means. 

7th.  Tiiat  if  the  necessitv  of  such  an  easy  way  of  communi- 
cation to  the  Atlantic  has  heretofore  been  imperious,  now  it  is 
still  more  urgent,  owing  to  the  increase  of  the  population  and 
industry  of  the  country,  as  shown  bj'  statistics. 

8th.  And,  finally,  that  the  frequency  of  relations  of  tliis 
country  with  foreign  States,  is  conducive  to  immense  benefit 
for  its  wealth  and  civilization,  and  anticipates  a  great  and  flat- 
tering future  for  the  Republic,  I  have  been  pleased  to  decree, 
and  do  herebj'  decree,  as  follows : 

Article  I.  Due  authority  is  given  for  the  organization  in 
this  country  of  a  Costa  Rican  Company,  to  l)e  known  as  the 
Sarapiqui  Company,  consisting  of  twenty  responsible  members, 
and  having  a  capital  of  $60,000,  divided  into  shares  of  $3,000 
for  each  partner  :  the  said  capital  to  be  increased  hereafter,  if 
necessary. 

Article  II.  This  company  shall  iiave  for  its  object  the  build- 
ing of  a  substantial  carriage  road,  within  the  period  of  five 
years,  to  l)e  counted  from  January  1,  1852,  starting  from  this 
city,  and  ending  on  the  wharf  of  the  Sarapiqui  river.  The 
width  of  this  road  shall  be  40  ^-ards,  whenever  the  topographic 
conditions  of  the  locality'  permits  it ;  and  it  shall  be  provided 
with  such  bridges  and  other  appurtenances  as  are  necessary  for 
its  use  and  preservation. 

Article  III.  Notwithstanding  the  provisions  of  the  preced- 
ing Article,  the  company  shall  begin  b^-  l)uilding,  as  soon  as 
possil)le,  a  good  road  for  mules,  whi(rh  shall  be  finished  within 
eighteen  months,  to  be  counted  from  the  same  day,  January  1, 
1852. 

Article  IX.  It  is  hereby  granted  in  favor  of  the  said  Com- 
pany that  it  shall  collect  during  the  period  of  twenty-tive 
years  toll  tax  of  two  reals  (25  cents)  for  each  one  hundred- 
weight of  all  domestic  merchandise  that  may  be  carrieil  over 
the  whole  of  the  said  road,  or  a  part  thereof,  and  four  reals 
10 


146 

(50  cents)  for  each    one   hundredweight  of  foreign   merchan- 
dise, of  whatever  nature,  imported  tlirough  it. 

Article  XYIII.  The  Company  shall  have  the  right  for  the 
period  of  iive  years  of  establishing,  if  suitable  to  its  interests, 
STEAM  NAVIGATION  OX  THE  Sakapiqui  kivek,  either  by  itself 
or  by  agreement  with  other  companies ;  and,  in  either  event, 
the  Government  grants  to  it,  for  tiie  wliole  period  of  the  con- 
tract for  tlie  roa'],the  right  to  collect  a  navigation  duty  of  one 
real  (12^  cents)  on  each  one  hundredweight  of  merchandise 
exported,  and  two  reals  (25  cents)  for  each  one  hundredweight 
of  merchandise  imported. 

Given  at  the  JStitional  Palace,  at  San  Jose,  on  October  27, 
1851. 

JUAN  RAFAEL  MORA. 

JOAQUIN  BERNARDO  CALVO, 

Secretary  of  the  Interior. 


147 


No.  27. 


Costa  Rica  prohibits  the  Navigation  of  the  San  Carlos  river, 
an  affluent  of  the  San  Jaan,  and  prescribes  penalties  for  the 
transgressors. 

Juan  Rafael  Mora,  President  of  tlie  Eepnljlic  of  Costa  Rica  : 

Whereas  I  have  been  informed  tliat  foreign  niercliandise,  and 
also  those  articles,  the  trade  of  which  the  Government  has  re- 
served for  itself,  are  frequently  smuggled  through  the  San  Car- 
los river,  therefore  I  do  hereby'  decree — 

Article  1.  Navigation  on  the  San  Carlos  river  is  hereby 
PROHIBITED,  until  Said  river  Is  declared,  with  the  proper  for- 
malities, to  Ije  a  port  of  the  Republic. 

Article  2.  Every  boat  or  vessel  wiiich  may  be  found  navi- 
gating ON  the  San  Carlos  river  shall  be  seized  and  forfeited, 
together  with  everything  on  board,  whether  it  is  foreign  mer- 
chandise, or  not ;  and  the  owner,  or  master,  and  the  sailors 
thereof,  shall  be  arrested  and  placed  at  the  disposal  of  the  judge 
of  the  Treasury,  to  be  tried  according  to  law. 

Article  3.  A  perambulating  revenue  post  subordinate  to 
the  Rio  Grande  Custom  House,  and  consisting  of  one  corporal 
and  three  revenue  guards,  is  hereby  established,  and  it  shall 
be  its  duty  to  watch  over  the  roads  leading  to  the  San  Carlos 
river,  and  guard  the  banks  of  the  same. 

Article  4.  Such  foreign  merchandise,  or  articles  whose 
trade  belongs  to  the  Government,  as  mav  be  seized  by  this 
revenue  post,  shall  be  delivered,  together  with  the  prisoner,  or 
prisoners,  to  the  Collector  of  the  Custom  House  al)ove-named, 
and  said  collector  sliall  distribute  the  captured  propert}', 
according  to  the  laws  and  deci-ees  in  force. 

Given  at  the  Palace  of  the  Government  in  San  Jose,  on  No- 
vember 14,  1853. 

JUAN  RAFAEL  MORA. 
MANUEL  JOSE  CARAZO, 
Secretary  of  the  Treasury. 


148 

No.  28. 

Costa  Rica  grants  to  the  jinn  of  Kirkland  tf*  Geenng  the 
privilege  of  dearn  navigation  on  the  Sapod  river,  and  of 
establishing  a  route  of  transit  from  the  BoUmos  Bay  to  the 
Lale  of  Nicaragua  ;  the  grantees  being  authorized  to  use 
the  waters  of  the  Lake  and  <f  the  San  J  nan  and  Colorado 
rivers,  in  so  far  as  they  belong  to  Costa  Rica. 

Juan  Rafael  Mora,  the  President  of  the  Republic  of  Costa 
Rica : 
Whereas  the  Constitutional  Congress  has  decreed  as  follows  : 
Tiie  Constitutional  Congress  of  the  Repul)lic  of  Costa  Ri(;a, 
upon  examination  of  the  contract  entered  into  on   February 
25tli  instant,  between  the  Government  of  the  Republic  and 
Messrs.  William  P.  Kirkland,  William  B.  Geering,  and  their 
associates  for  the  purpose  of  establishing  a  line  of  transit  be- 
tween THE  Pout  of  Las  Salinas  db  Bolanos  to  the  Sapoa 
RIVER  AND  Port  of  San  Juan,  lias  been  pleased  to  decree,  and 
decrees : 

Article  1.  The  contract  of  Fel>i'uary  25th  instant,  between 
the  Republic  and  William  P.  Kirkland,  William  B.  Geering, 
and  their  associates  is  hereby  approved  with  the  amendments 
set  forth  in  the  following  article : 

Article  II.  The  amendments  spoken  of  in  the  foregoing- 
Article  ai'e  the  following: 

1st.  The  Article  of  the  contract  will  read  as  f»)llows  : 
"  The  Govei-nment  of  Costa  Rica  grants  to  Messrs.  William 
F*.  Kii'kland,  William  B.  Geering,  and  their  associates,  the  ex- 
clusive ])rivilege  (»f  steam  navigation  on  J'he  Sapo.a  river 
for  thepui'pose  of  establishing  a  lineof  transit  from  thk  Gulf 
OK  Las  Salinas  i>e  Bolanos  to  the  Lake  of  Nicaragua, 
for  the  period  of  Iwcnty  ycai's,  to  l»e  couiiU'd  IVoiu  the  date  of 
this  decree  ;  iiiid  the  said  Messrs.  William  P.  l\irl<land,  Wil- 
liam B.  (ireering,  and  tluur  associates,  are  herel)y  declared  to 
foiiii  ji  (•(trjtoration,  or  jcirf ncr^liip,  <»r  ('ompany,  which  shall  bo 
kiiouii   fr(»m   this  (hitc   i»y  the  name  of  Transit  Company  of 


149 

Costa  Rica.     In  order  to  carry  this  undertaking  into  effect 
the  said  Company  shall    have   the    i'owek   tu   use  freely 

THE     waters      of     THE     LaKE     OF     NlCARAGDA^    AND     THE    SaN 

Juan  and  Colorado  rivers  in  the  part  thereof  which  »e- 

LONGS    to    said    IIePUBLIC    OF    CoSTA    RlCA." 

2d.  The  new  road  shall  not  impede  tiie  free  travel  of  the 
other  Republics  of  Central  America  which  hah  hceu  permitted 
by  this  Republic. 

3d.  Article  10  of  the  above  mentioned  contract  shall  be 
understood  as  follows :  The  employees  and  laborers  of  the 
Company,  whilst  they  remain  such,  shall  be  free  from  all  civil 
and  military  service ;  but  in  urgent  cases  they  shall  i-ender 
such  services  as  the  Government  may  requii-e. 

4th.  An  additional  article  shall  be  inserted  in  the  al)ove- 
named  contract,  in  the  following  terms  : 

"  If  witiiin  six  months  from  this  date  the  Company  should 
not  have  commenced  the  works  which  the  enterprise  requires, 
and  if  the  transit  should  not  be  established  within  eighteen 
months,  the  said  contract  shall  become  null  and  of  no  effect, 
and  the  Republic  shall  be  at  full  liberty  to  dispose,  as  it  may 
deem  convenient,  of  the  favors  granted  to  said  Company." 

To  the  Executive  Power. 

Given  in  the  Hall  Sessions  in  San   Jose,  the  '2-2(\  day  of 

May,  1854. 

FRANCISCO  MARIA  OREAMUNO, 

Presuleni. 
MODESTO  GUEVARA, 

Secrttd/y. 
JESUS  JIMENEZ, 

Secret  ar  I/. 
Therefore  let  it  be  executed, 
National  Palace,  San  Jose,  May  23,  1854. 
JUAN  RAFAEL  MORA. 
JOAQUIN  BERNARDO  CALYO, 

Secretai'ij  of  the  lnter'ioi\ 


^  It  will  be  rembered  that  Cosla  Rica  before  the  treaty  of  1^58  was  a 
border  State  of  the  Lake  of  Nicaragua. 


150 


No.  29. 


The  Government  of  Costa  Rica  accepts  the  ajyology  made  by 
the  Government  of  Nicaragua  for  having  trespassed  with 
its  forces  npoji  the  dividing  line  between  the  two  States,  thai 
is,  the  L<i  Flor  river,  boundary  of  the  Costa  Rican  Province 
of  Guanacaste. 

San  Jose,  September  3,  1855. 
To  the  Minister  of  Foreign  Relations  of  the  Supreme  Govern- 
ment of  the  Republic  of  Nicaragua. 
Sir  :  I   received  yesterday  at   12  M.  your  estimable  note, 
No.  13,  in  reply  to  the  one  which  I  had  the  honor  to  address 
to  you  on  July  23d  last. 

It  would  not  be  difficult  for  nie  to  answer  to  every  one  of  your 
al)le  arguments,  or  prove  satisfactorily,  that  my  Government, 
taking  into  consideration  the  information  at  that  time  received, 
justly  felt  itself  wounded  in  what  is  most  sacred  to  a  free 
people,  which  is  national  honor  and  sovereignty,  and  was  right 
in  demanding  from  ycjur  Government  a  public  apology  and  the 
punishment  of  the  invaders.  But  the  statement  made  through 
you  by  your  Government  conveys  such  a  full,  frank,  and  sin- 
cere explanation  of  all  the  facts  which  alarmed  us,  as  to  prove 
that  there  has  not  l)een  any  desire  or  intention  of  offending 
the  people  and  Government  of  Costa  Rica. 

In  reading  the  statements  therein  made  by  your  enlightened 
Government,  under  your  authorized  signatui-e,  that  neither  the 
E.\c(-utive  of  Nicaragua,  nor  its  subordinate  authorities,  ever 
liad  any  intention  to  cause  the  sliglitest  displeasure  to  the 
Government  ;ind  people  of  Costa  Rica,  with  which  it  desires 
to  (rultivate  relations  of  fraternity  and  hai-mony,  I  cannot  l)nt 
bo  ])ersuaded  of  the  sincerity  with  wliicli  your  Government, 
wisely  l.'iying  aside  tlie  delicate  (juestion  of  principle,  deemed 
it  j»rcf('i-abh!  to  justify  it.self  by  chiiming  to  have  acted  upon 
Hentimcnts  of  fraternity  and  (•(»niiiioii  interest,  and  by  urging 
its  acts  to  h:iv(!  been  acconi[)Iislicd  with  good   intention  under 


151 

the  pressure  of  circumstances,  and  not  looking  at  Costa  Rica  as 
a  foreign  nation,  but  as  a  friend  and  a  sister. 

And  above  all,  my  Government  being  anxious  that  it  may 
never  be  supposed  that  Costa  Ri(;a,  taking  advantage  of  the 
domestic  troubles  which  end)arras.s  your  unfortunate  country, 
and  of  the  civil  war  and  the  epidemics  which  hon-ibly  devour 
its  children,  wishes  to  increase  its  misfoi-tunes  and  render  its 
unfortunate  situation  graver,  by  insisting  upon  her  demands, 
1  have  now  the  great  pleasure  to  answer  to  you  that  my  Gov- 
ernment, setting  aside  said  demands,  and  seeing  in  the  two 
nations  nothing  else  than  members  of  the  same  family,  whic-ii 
must  keep  cordially  united  to  each  other  in  fraternal  relations, 
declares  itself  satisfied  with  the  very  attentive,  conciliatory, 
and  well-supported  exphmation,  wliich  you  have  givm  on  Ije- 
half  of  your  Government. 

I  have  been  deeply  impressed  1)}'  tliat  paragraph  of  your 
note  in  which  you  feelingly  say:  "The  foreign  enemy,  Sir,  is 
threatening  us ;  the  danger  is  imminent ;  and  hefore  that 
clanger,  it  is  necessary  for  us  all  to  reprei^s  any  comjAaint,  no 
matter  hoio  just,  desist  from  family  quarrels,  and  set  aside  all 
questions." 

These  are  beautiful  and  well-expressed  sentiments,  the  fre- 
quent repetition  of  which  renders  it,  liowever,  ditiicult  to  under- 
stand, how  it  is  that  they  are  not  carried  into  practice  in  tiie 
terrible  struggle  which  afflicts  Nicaragua. 

You  know  well  that  the  constant  current  of  our  thought 
has  run  in  that  direction  ;  that  in  the  midst  of  our  peace  and 
prosperity  we,  Costa  Ricans,  never  forget  that  we  all  are  Cen- 
tral-Americans ;  but  I  shall  not  fail  to  say  that  your  sympathetic 
and  correct  remarks  have  powerfullj'  impressed  tlie  noble  mind 
of  his  Excellency  tiie  President  and  hastened  the  oblivion  of 
the  events  which  caused  on  him  such  a  deej)  impression.  The 
President  trusts  that  in  the  future  there  will  never  be  any 
disagreement  between  the  two  countries,  nor  will  anything 
interrupt  the  happy  harmony  which  to-day  more  than  ever 
must  unite,  not  only  the  two  Republics,  but  all  the  Central- 
American  States. 


152 

I  sliall  not  end  this  communication  without  assuring  you 
that  each  and  all  the  acts  done  by  order  of  my  Government, 
and  of  which  yon  make  a  detailed  enumeration,  have  been 
prompted  only  l)y  the  full  conviction  of  our  rights ;  but, as  there 
seems  to  be  some  doubt  aI)out  its  legality  on  the  part  of  your 
Government,  we  are  ready  to  adjust  the  matters  peacefully 
as  is  proper  among  sister  nations. 

Now,  more  than  on  any  other  occasion,  it  is  gratifying  to 
me  to  offer  to  you  my  respects  as  your  most  obedient  servant 
and  friend, 

J.  BERNARDO  CALVO. 

["Boletin  Oficial, "  2d  year,  No.  126.    San  Jose,  September,  13,  1885]. 


153 


No.  30. 

Congratulation  of  the  people  of  Leon  to  the  Costa  Rican  Army 
upon  the  (seizure  of  the  steamers  and  Us  control  of  the  river 
and  Txike. 

To  the  Costa  Rican  Soldiers  : 

The  people  of  Leon  open  their  arms  to  you  in  token  of  their 
eternal  o-ratitude  for  vonr  heroic  efforts  in  s;ivin<i:  Nicarairua 
and  the  whole  of  Central  xVinerica  from  vandalism,  and  in  liber, 
ating  tliem  from  the  clutches  of  William  Walker,  the  worse  of 
tyrants,  who  had  no  other  object  in  view  than  war,  bloodshed, 
destruction,  and  absolute  ruin  of  every  town  and  city  thi-ough 
which  he  might  pass,  and  who,  in  his  fur}',  never  respects  even 
the  Temples  of  God. 

Providence  has  placed  in  your  hands,  as  can  be  seen,  the  sword 
which  has  to  exterminate  that  infernal  dragon,  wlienever  he  pre- 
sents himself.  You  shall  conquer  him  ;  you  shall  drive  him 
from  the  soil  of  your  forefathers,  overwhelmed  with  confusion, 
and  recognizing  that  Central  America  is  not  an  uncivilized 
country  as  he  has  said,  and  that  it  prefers  death  to  degradation 
and  infamy. 

We  congratulate  you,  and  congratulate  ourselves,  for  the  bril- 
liant triumph  achieved  by  you  in  reconquering  the  Lake  and 
the  San  Juan  river,  and  in  causing  the  enemy  to  sustain  such  im- 
mense losses;  and  you  may  rest  assured  tliat  we  on  our  part 
shall  co-operate  with  pleasure  in  all  your  efforts,  since  we  are 
certain  that  God  guides  your  steps  and  leads  you  in  recogni- 
tion of  your  holi/  ititentions  (santas  intenciones)  through  the 
path  of  glory. 

Leon,  January  10th,  1857. 

THE  PEOPLE  OF  LEON. 

[From  the  "  Boletin  Oficial  "  of  Leon,  transcribed  in  the  "  Bolctin  Ofi- 
cial"  of  Costa  Rica,  No.  2(35,  February  lllh,  1857]. 


154: 


No.  31. 


Seizure  of  the  f<teamers  of  the  San  Juan  river  and  the  Lake  of 
Nicaragua. — Official  n.evjs  from  tlie  Army. — Another  tri- 
umph.—  Go  ahead  ! — Tlie  war  nearly  at  an  end. 

The  infoiTnation  received  to-day  from  the  San  Juaii  river 
and  transmitted  hy  Gen.  Don  Jose  Joaquin  Mora  is  very  sat- 
isfactory. 

On  December  28tli  our  troops  seized  the  two  steamers  at 
the  Rapids  of  El  Toro  and  Machiica,  captured  the  fortress  of 
Castillo  Viejo,  wliicli  is  on  tlie  river  hank,  and  also  took  pos- 
session of  the  steamer  Virgen,  which  was  well  armed  and 
loaded  with  cannons,  rifles,  gunpowder,  swords,  ct:c.,  tfec,  to 
the  value  of  more  than  ten  thousand  dollars. 

The  steamer  Yirgen  had  been  Walker's  most  powerful  aux- 
iliai-y.  With  it  he  ran  over  the  waters  of  the  river  and  Lake, 
and,  safely  and  without  opposition,  made  repeated  attacks 
wherever  he  pleased,  taking  advantage  of  the  helpless  condi- 
tion of  the  allies,  who,  lacking  vessels,  saw  themselves  com- 
pelled to  operate  on  land  by  fatiguing  and  protracted  marches. 

The  enemy  does  not  count  any  more  upon  the  pi^werful  as- 
sistance on  which  it  has  relied  to  escape  so  many  attacks,  and 
move  rapidly  from  (ine  place  to  another  actjording  to  his 
wishes. 

( )in' troops  have  now  seven  steamers  on  the  Lake  and  on 
the  San  Juan  I'iver. 

The  important  strategic  points  (»f  La  i'rinidad  and  C^astillo 
Viejo  on  \\\v.  river  are  well  giiai-dcd,  tiuMi-  fortilications  have 
1)een  impi-ovud,  theii- garrisons  have  been  rcinfoi'ced,  ami  every- 
thing will  ])e  done  immediately  to  preserve  them  in  a  ])ei'fect 
condition  of  safety  and  defence. 

General  Mora,  i)i-cccilc(l  by  u  gallant  division,  was  march- 
ing to  attack  the  San  d.irlos  fortress  on   the  Lake  shore. 

'IMie  only  t^teauicr  left  to  the  bandit  Walker,  which  is  the  one 


156 

named  "San  Carlos,"  seriousl  damaged  by  Central- American 
shot,  must  by  this  time  be  in  our  hands. 

Our  army,  therefore,  is  in  full  possession  of  the  Lake,  and 
can  freely  communicate  with  General  Canas  and  the  command- 
inir  officers  of  the  allied  armies  at  Granada,  Masaya,  and 
neighboring  places. 

Such  successful  operations  have  not  required  tiie  sacrifice  of 
any  lives.  Courage,  boldness,  and  tlie  surprises  given  the 
enemies  secured  the  triumpli. 

The  allied  armies,  united  and  well  organized,  were  at  tlie 
end  of  last  week  preparing  themselves  to  march  against 
Walker. 

Desertion  was  increasing  among  the  filibusters  ;  and  hunger 
as  well  as  fever  demoralizes  them  and  compels  them  to  remain 
in  deadly  inaction. 

God  visibly  protects  our  cause,  and  will  grant  us  very  soon  a 
complete  victory. 

[Extracts  from  the  official  report  of  General  Mora]. 


156 


No.  32. 

Proclamation  of  the  President  of  Costa  Rica  upon  the  seiz- 
ure of  the  steamers  and  the  control  of  the  Sioi  Juan  river 
and  the  Lake  of  Nicaragua. 

Official. 

^rhe  President  of  tJie  liepohHc  to  the  People  of  Costa  Pica. 

Fellow-Citizens:  The  great  artery  of  iilibusterism  has 
been  severed  forever.     The  sword  of  Costa  Hica  has  cut  it. 

In  twenty  daj'sr  of  campaign,  through  deserts  full  of  vipers, 
through  tliiek  forests,  through  terrible  marshes  and  swamps, 
through  large  rivers,  our  soldiers  have  marched  with  the  step 
of  conquerors,  and  taken  possession  of  La  Trinidad,  Castillo 
Viejo,  the  San  Carlos  fortress,  eight  steamers  and  some  other 
boats,  ten  pieces  of  cannon,  three  mortars,  live  hundred  rifles, 
a  great  number  of  swords,  revolvers,  and  all  kinds  of  ammuni- 
tion of  war,  and  more  than  one  hundred  enemies  whom  we 
have  generously  released.  Now.  upon  the  waters  of  the  San 
Juan  river  and  of  the  Grreat  Lake,  the  rays  of  the  sun  do 
not  shine  upon  any  other  flag  than  that  of  Costa  Rica. 

All  has  been  conquered  without  one  shot,  without  a  drop  of 
blood,  by  intrepidity  and  surprise.  And  what  were  our  means 
of  action  ?  The  fleet  with  which  we  attacked  the  steamers  of 
our  strong  enemies  were  trunks  of  trees  s(!arcely  hewed  out,  or 
badly  bound  with  vines.  The  nniskets  which  we  had  in  our 
hands  were  I'usty,  and  could  hardly  be  used  on  account  of 
tlieii'  contimial  exposure  to  rain.  We  hud  n(»  provisions. 
Wo  had  nothing.  ]>ut  we  had  courage,  self-denial,  patriot- 
ism, that  union  of  niiiid  jx'culiar  to  Costa  llica,  and  tiie 
decision  ((»  con(juci"  or  to  die.  And  Providence  has  blessed 
OJH-  soldiers,  and  condiu;ted  them  from  victory  to  vi(;tory. 

We  ;ir(!  masters  of  the  I'ivcr  and  the  Great  Lake,  and  arc  in 
itommunication  with  our  allies,  while  Walker,  who  is  (tonflned 
to  liiviis  and  its  neighboring  teri'ittu'y,  i>  going  to  be  attacked 


157 

and  conquered  and  annihilated,  too-etlier  with  the  city,  if  such 
iis  necessary.  T  have  offered  pardon  U)  all  those  who  i)lindly 
follow  him,  if  they  should  abandon  his  cause.  We  shall  know 
how  to  conquer  and  foi-give. 

But  will  this  be  the  end  i  No,  fellow-citizens.  The  work 
commenced  must  be  terminated.  It  is  necessary  for  us  not  to 
be  subject  any  more  to  the  danger  that  a  new  AValker  comes 
to  distuib  our  peace,  and  >tru';i;de  to  reduce  us  to  slavery.  It 
is  necessary  that  so  many  ()l)stacles  overconje,  so  many  sacri- 
fices made,  shall  not  become  fruitless.  They  have  to  i)e  con- 
tinued. Let  us,  therefore,  raise  upon  that  very  river,  and  with 
our  own  hands,  a  pow'erful  barrier  which  may  now  and  forever 
stop  that  torrent  of  usurpation.  Nothing  would  have  been 
gained  by  only  obtaining  a  precarious  peace.  Let  us  conquer 
a  solid,  lasting  peace,  honorable,  and  producive  of  fruitfid 
results  to  Costa  Rica,  Nicaragua,  and  the  Cential  American 
States. 

Costa  Ricans,  I  rely  upon  you  for  all  of  this.  With  3'onr 
assistance  and  Divine  protection,  there  will  be  nothing  to  stop 
me.  Let  us  bless  Providence  which  shelters  us,  and  let  us 
march  united,  at  the  cry  of  Long  live  Costa  Rica !  with  un- 
disturbed faith  and  perseverance  towards  the  future  which  is 

before  us. 

JUAN  R.  MORA. 

San  Jose,  January  11,  1857. 


158 


No.  33. 


Opi?iio7i  of  the  Government  of  Chiatemala  in  regard  to  the 
action  of  Costa  Rica  during  the  war  againd  Walker,  and 
especially  in  the  affair  of  the  seizure  of  the  steamers. 

Costa  Rica  has  again  gallantly  undertaken  a  campaign 
against  the  invaders  of  Nicaragua.  She  understood  the  im- 
portance of  occupying  certain  places  on  the  San  Juan  river  to 
prevent  the  adventurers  from  being  reinforced  i)y  way  of  the 
Korthcrn  Sea,  and  her  troops  have  succeeded  in  accomplishing 
this  purpose  l)y  seizing  the  steamers  which  Walker  had  on  the 
river,  occupying  the  San  Carlos  fortress,  which  is  upon  the 
very  same  entrance  to  the  Lake,  and  by  taking  possession  also, 
as  is  said,  of  one  of  the  two  steamers  that  the  enemy  had  on  the 
Lake.     *     *     * 

It  is  certainly  sad,  and  causes  the  soul  of  any  person  who  is 
friendly  to  the  independence  of  the  country  to  grieve,  that  while 
Costa  Rica  is  making  new  and  sti'enuous  efforts  to  save  Nic- 
aragua, and  while  the  other  Central  American  Republics  are 
preparing  themselves  to  send  troops  to  replace  the  losses  sus- 
tained in  their  ranks,  there  seems  to  be  nothing,  even  the  im- 
minence of  danger,  capable  of  terminating  the  unhappy  dis- 
cord which  has  brought  unfortunate  Nicaragua  to  the  condi- 
tion in  which  she  now  finds  herself. 
["Giiceta  de  Giialenmla,"  .hiuuaiy  22,  18r)7.] 


159 


No.  34. 


What  happened  in  Nicaragua  after  the  seizure  of  the  ateainers 
hy  the  Costa  Rican  forces. 

San  Jose,  February  4,  1857. 
News  from  the  Ar.mv. 

[Extracts  from  officihl  clesi)atcbe8  aud  documents]. 

After  twenty  days  of  Bilence  and  anxiety,  we  have  at  last 
received  the  news  from  the  army  which  we  pulilisiied  in  the 
extra  editions  of  the  "  Boletin  "  issued  on  the  2d  and  3d 
instant. 

What  is  the  reason  of  snch  great  calm,  of  snch  an  incompre- 
hensible inaction,  before  an  enemy  who,  although  con(|uered, 
is  so  active,  astute,  and  bold  ? 

We  do  not  believe  in  concealing  the  truth,  hut,  on  the  con- 
trary, in  proclaiming  it  aloud,  and  making  it  serve  us  as  an  ex- 
ample, to  avoid  disuiuon  and  internal  discord,  which  inevitably 
produce  the  ruin  of  all  nations.  Nicaragua  is  unfortunately 
the  living,  bloody,  smoky,  example,  which  Costa  Rica  must 
have  before  her  eyes  to  confirm  her  in  her  love  of  peace,  and 
of  her  modest  and  industrious  existence,  free  from  the  accur&ed 
rancor  of  parties,  and  to  make  her  preserve,  above  all  things, 
the  most  vigorous  union  among  her  children. 

The  field  of  the  Central  American  allies  has  been  about  to 
offer  the  image  of  another  "Agramante's  field."  Partisan 
spirit,  lamentable  preferences,  repeated  disagreements,  and  lastly 
a  fatal  division,  caused  the  armies,  already  decdmated  by  sick- 
ness and  war,  to  be  disbanded.  AVlien  Gen.  Canas  arrived^ 
there,  he  did  all  that  he  could  to  re-establish  indispensable  unity 
among  the  leaders  and  the  troops  ;  and  considering  the  state  of 
irritation,  and  the  almost  irreconcilable  difterences  which  he 


'  Gen.  Don  Jose  Maria  Canas,  a  Costa  Rican  officer,  who  afterwards  gave 
his  name  to  the  treaty  of  1858. 


160 

found  there,  what  he  succeeded  in  accomplishing  cannot  be 
deemed  small. 

The  triumphs  obtained  by  Costa  Rica  on  the  San  Juan  river 
caused  a  rcanimation  of  the  spirits  of  Nicaragua,  the  concen- 
tration of  her  thoughts,  the  oblivion  of  her  petty  differenc-es, 
and  the  prevaleiice  of  the  nol)le  idea  of  saving  the  country 
from  traitorous  and  foreign  enemies. 

As  soon  as  General  Mora^  reached  the  fortress  of  San 
Carlos,  he  devoted  himself  with  characteristic  activity,  as  well 
as  decision  and  tact,  to  accomplish  a  powerful  harmonization 
of  all  conflicting  elements,  and  by  calling  together  the  Central 
Ainerican  leaders,  and  writing  to  the  Generals  of  the  armies, 
and  to  every  one  who  could  exercise  any  influence  in  that  direc- 
tion, he  prepared  the  way  to  give  the  couj)  de  grace  to  the 
usurpers. 

All  of  this  has  fortunately  succeeded.  All  the  leaders  have 
responded  with  patriotism  and  dignity  to  the  appeal  of  the 
Costa  Rican  Generals,  who,  being  exempted  from  partisan 
spirit,  have  no  other  feeling  than  the  desire  to  fulfll  their  duty 
towards  their  conniion  c-onuti'v,  and  to  fortify  the  Central 
American  independence  by  expelling  from  the  Central  Ameri- 
can soil  the  last  one  of  its  enemies. 

Under  such  circumstances  nothing  exists  now  which  pre- 
vents military  operations  from  being  cai-ried  on ;  and  it  may 
be  that,  at  the  time  of  writing  this,  a  terrilde  end  has  been 
reached  by  the  enemy  to  the  benefit  and  prosperity  of  Centi-al 
America. 


'Don  Jo86  Joaquin  Mora,  a  brother  of  Dcjii  .luaii  Kafad  Mora,  President 
of  Costa  Kica. 


161 


No.  35. 

What,  in  1857,  ivaa  i/wug/U  in  Nicaragua  in  regard  to  the 
blow  injiicted  by  Costa  Rica  upon  Walker  on  the  San  Juan 
river  and  the  Lake  of  Nicaragua. 

[From  the  "  Boletin  Oficial "  ot  Leon.l 
The  Vanguard  of  Central  America. 

Three  hundred  years  ago  a  clever  Minister  of  the  English 
Government,  placing  his  finger  upon  the  map  of  the  New 
World,  recently  discovered,  pointed  at  the  Istlmius  of  Nicara- 
gua as  the  great  door  through  which  Europe  should  place  iier- 
self  in  rapid  communication  with  China,  Japan,  and  the  Indian 
Archipelago.  At  the  end  of  last  century  a  Spanish  Minis- 
ter saw  in  the  same  Isthmus  the  proper  place  for  the  opening 
of  ai)  interoceanic  canal ;  and  at  the  heginning  of  the  present 
century  a  scientific  commission  of  the  Spanish  Government 
made  the  proper  surveys.  Lately,  on  Septeml)er  22, 1849,  and 
August  19,  185 J,  a  passage  from  San  Juan  del  Sur,  the  Lake^ 
and  the  river  of  San  Juan  del  Nurte,  until  the  port  of  the 
same  name  on  the  Atlantic  was  successfully  made  ;  and  the 
door  was  thrown  open  through  which  our  independence  can  be 
threatened  at  any  moment,  as  it  has  l)ccii  now  threatened,  with 
the  knowledge  and  acquiescence  of  the  nation  which  seems  to 
show  the  greatest  interest  for  the  non-alienation  of  the  said 
transit.  The  Republic  of  Costa  Rica,  surrounded  by  the 
waters  and  territory  of  Nicaragua  on  her  northern  side,  from 
east  to  west,  finds  herself  much  more  in  contact  with  the  said 
line  than  all  the  other  States,  and  it  is  for  this  reason  that  she 
is  called  l>y  nature  to  be  the  sentry  and  the  "  Vanguard  of 
Central  America.'' 

Costa  Rica,  indeed,  has  understood  very  well  her  own  mis- 
sion in  the  present  struggle  against  the  filibusters  ;  she  was  the 
first  to  take  the  field  on  April  11  last,  and  defeated  the  encniy, 
rendering  it  incapable  to  follow  the  rapid  march  which  it 
11 


162 

intended.  She  could  then  measure  the  strength  of  the  enemy, 
and,  casting  her  inquiring  look  upon  the  battle-tield,  she 
saw  through  tlie  smoke  ot  gunpowder  and  the. noise  of  the 
struggle,  that  the  vital  point  of  Walker  laid  on  the  extremity 
of  the  transit  line,  as  the  strength  of  Sampson  was  in  his  hair. 
At  once,  and  witliout  hesitating  one  single  moment,  she  left 
Rivas  to  engage  in  new  strategic  operations  which  she  car- 
ried on  with  great  success  by  marching  her  victorious  armies 
from  the  San  Carlos  river  to  Funta  de  Castilla  in  the  port 
of  San  Juan  del  Norte,  and  from  Castillo  Viejo  to  the  fort  and 
Lake  of  Nicaragua,  depriving  filibusters  of  their  steamers,  their 
rities,  their  cannons,  their  ammunition  of  war,  and  closing  the 
door  through  which  the}'  could  escape  or  receive  reinforce- 
ments. All  of  this  was  done  while  the  allied  forces,  abandon- 
ing Kivas  to  the  enemy,  compelled  the  invaders  to  concentrate 
themselves  in  a  small  place  without  any  possibility  to  pay  at- 
tention to  the  movements  of  that  tormidable  vanguard. 

Costa  Rica,  which  scarcely  lias  a  population  of  100,000  in- 
habitants, has  put  on  the  field  more  than  5,000  men.  She  has 
opened  her  treasures,  free  <  f  cost,  to  all  those  who,  whether 
through  need  or  deceit,  followed  Walker.  She  has  fitted  out 
natittnal  men-of-war  and  chartered  others  which  will  very  soon 
efficiently  blockade  the  southern  port ;  and  in  this  way  she  has 
raised  so  high  the  national  flag  that  it  can  be  seen  from  every 
distance,  and  show  that  Costa  Rica  is  indeed  the  Vanguard  of 
Central  America. 

G.J. 


163 


No.  36. 


The  public  opinioyi  of  N'tcaraywL  /;/  regard  to  Costa  Rica  in 
1857. — Nicaragua. —  Tke  United  States  of  Costa  Rica  and 
Nicaragua. 

This  would  he  the  name  of  the  Repnhlic  formed  hy  the 
union  of  tlie  two  countries,  and  this  is  the  destiny  to  which 
they  are  called  by  their  past,  present,  and  future  conditions. 

If  the  States  of  Guatemala,  Salvador,  and  Honduras  were, 
during  the  colonial  rule,  three  entities  actually  different  from 
each  other,  Costa  Rica  and  Nicaragua  were  considered  as  only 
one  Province,  notwithstanding  their  nominal  separation. 

There  was  not  l)etween  them  an  absolute  independence. 
Each  had  a  Governor,  but  one  of  these  governors  was  a  sub- 
delegate  of  the  other.  There  was  only  one  political  chief,  and 
l^oth  Territories  constituted  but  one  diocese.  The  Costa  llican 
people  got  from  Nicaragua  their  wives,  their  learning,  and 
their  fortune ;  and  their  children,  Nicaragnans  by  nature,  re- 
turned to  Costa  Rica  to  recognize  the  land  of  their  parents 
and  strengthen  still  nK)re  the  bonds  of  consanguinity,  wealth, 
and  intelligence  which  connected  them  to  each  other.  At 
present  both  Repul)lics  need  union  as  a  means  to  preserve  their 
independence,  dangerously  compromised  by  the  impetuous  tor- 
rent of  the  immense  commercial  movement  of  the  whole  world, 
cai-ried  from  one  ocean  to  the  other  tlirough  their  respective 
territories. 

Union  alone  can  make  them  strong  enough  to  oppose  this 
inevitable  movement.  Only  a  condition  of  union  in  which  all 
their  interests  are  founded  may  render  them  respectal.le,  and 
only  in  this  way  they  will  be  able  to  cultivate  the  science  of 
foreign  politics  with  advantages  that  cannot  be  found  under  a 
separate  system. 


164 


No.  37. 

Gh'atuitons  grant  of  lands  along  the  course  of  the  Sa7'aj)iq^n 
river  doion  to  its  confluence  icith  the  San  Juan  river,  for 
agricultural  purposes. 

Kafael  G.  Escalante, 

Vice-President  of  the  Bepuhlic  of  Costa  Pica,  acting 
as  Supreme  Chief  Executive  Magistrate  of  the  same  : 

Moved  hv  the  desire  of  favorinii:  the  poor  people  of  Costa 
Rica  by  granting  them  gratuitously  such  tracts  of  lands  as  are 
capable  of  giving  support  to  their  families,  and  having  in  view 
at  the  same  time  the  advisalnlity  of  promoting  and  facilitating 
foreign  immigration  by  making  grants  of  the  lands  more  fer- 
tile and  better  situated  for  commerce,  I  do  hereby  decree : 

Article  1.  A  strip  of  vacant  land  500  3'ards  wide  is  appro- 
priated on  the  TWO  banks  of  the  Sarapiqi'i  river,  and   all 

ALONG  its  COURSK  UNTIL    ITS    CONFLUENCE    WITH    THE    SaN    JuaN 

RIVER,  for  the  exclusive  purpose  of  being  given  to  poor  Costa 
Ricans  and  to  the  industrious  people  of  any  nationality  who 
may  be  willing  to  settle  there  and  cultivate  the  land  under  the 
rules  established  by  this  decree. 

Article  2.  Each  settler  shall  be  given  a  square  area  em- 
bracing five  manzanas,  or  50,000  square  yanis,  with  a  river 
front  of  100  yards  and  a  deptli  of  500  ;  and  between  one  piece 
of  property  an<l  the  other,  a  street  20  yards  wide  shall  be  left, 
in  order  to  facilitate  tiie  access  to  the  t)thcr  vacant  grounds 
beyond  the  limits  of  this  strip. 

Article  3.  All  those  wiio  shall  settle  within  two  years 
from  this  date  shall  enjoy  tiie  favors  herein  granted  ;  but  those 
whr)  shall  not  cultivate  their  lands  within  live  years,  also  to  bo 
(•(Mintc<l  from  this  dat(^  shall  forfeit  their  I'ight  in  the  land. 

AkiulkL  The  giantce  who  shall  have  complied  with  the 
conditioii.s  of  the  foreg(»iiig  Article,  Iiesides  enjoying  the  favors 
af(^resaid,  shall  be  entitled  to  an  uddittional  s(|uare  area,  (H]}xa\ 


165 

in  extent  to  the  one  cultivated  by  him,  in  order  that  he  may 
nse  it  as  he  deems  best ;  but  it  shall  be  located  in  the  rear  of 
the  cultivated  lot. 

Article  5,  If  the  settler  should  l)e  willing'  to  en'j'iitre  liiiii- 
self,  in  addition  to  the  purposes  spoken  of  in  the  preceding 
article,  in  cultivating  cocoa,  and  shall  have  raised  a  cocoa 
plantation  within  the  live  years  spoken  of  in  Article  3,  he  shall 
be  entitled  to  the  ownership  of  the  ground  whicli  he  has  de- 
voted to  that  cultivation,  provided  that  it  is  distant  at  least 
one  thousand  yards  from  the  banks  of  the  Sarapiqui  river. 

Article  6.  All  foreigners  who  shall  desire  to  avail  them- 
selves of  the  opportunities  of  the  present  decree  may  either 
directl}''  apply  to  the  Judge  of  the  Treasury  or  send  his  applica- 
tion through  the  Commandant  of  Sarapiqui,  setting  forth  his  in- 
tention of  becoming  a  Costa  Itican  citizen,  and  asking  to  be 
given  possession  of  the  land  which  he  must  first  cultivate. 
The  Judge  of  the  Treasury  will  direct  the  Commandant  of 
Sarapiqui  to  give  the  possession  asked  for,  and  will  enter  into 
the  proper  register,  which  the  said  judge  shall  keep,  the  name, 
sex,  age,  profession  or  trade,  condition,  and  nationality  of  the 
settler. 

Article  7.  If  the  settler  is  a  Costa  Rican  citizen  he  shall 
also  tile  before  the  Judge  of  the  Treasury  a  certiticate  of  the 
Governor  of  the  Province  where  he  lives,  showing  that  this 
decree  is  applicable  to  him  on  account  of  his  poverty,  and  the 
said  judge  shall  direct  upon  inspection  of  the  said  certiticate 
that  the  Commandant  of  Sarapiqui  should  give  him  possession 
of  the  area  marked  by  law,  the  proper  register  being  previously 
made  as  aforesaid. 

Article  8.  As  soon  as  the  Commandant  of  Sarapiqui  gives 
the  settler  the  possession  of  the  land  which  he  intends  to  culti- 
vate and  which  was  selected  by  him,  he  shall  issue  a  certiticate 
witnessing  the  fact  and  clearly  designating  the  location  of  the 
area  to  which  it  refers.  This  certiticate  shall  be  suthcient  title 
for  the  settler  for  the  purpose  of  asking  both  the  survey  and  the 
ownership  of  the  land  to  which  he  may  be  entitled  ;  but  it  shall 


166 

be  of  no  use  to  him  if  he  has  not    complied  with  the  con- 
ditions above  establislied  within  the  time  provided  for. 

Article  9.  After  the  expiration  of  the  5  years  prescribed  by 
this  decree,  or  before  if  the  conditions  liave  been  fultiled,  the 
settlers  shall  apply  to  the  Judge  of  the  Treasury,  setting  forth 
the  favors  which  he  has  deserved,  and  asking  for  a  title  of 
ownership. 

Article  10.  The  Judge  of  the  Treasury,  upon  examination 
of  three  witnesses  testifying  that  the  petitioner  has  complied 
witii  the  required  conditions,  shall  declare  him  entitled  to  the 
favor  or  favors  lierein  granted,  and  shall  transmit  the  record 
of  the  case  to  the  Government  in  order  that  the  patent  or  title 
shall  be  issued. 

Article  11.  Both  in  the  court  of  the  Treasury,  and  in  the 
office  of  tlie  Commandant  of  Sarapiqui,  all  the  fees  to  be  charged 
in  relation  to  these  cases  shall  be  reduced  one-half.  And  the 
certilicates  and  testimony  received  in  support  thereof,  in  rela- 
tion to  the  said  matter,  shall  be  written  on  unstamped  paper. 

Given  at  the  National  Palace  at  San  Jose  on  April  23,  1858. 
RAFAEL  G.  ESC  A  L  ANTE. 
JOSE  MARIA  CAKAS, 

Secretary  of  the  Treasury. 


167 


No.  38. 

Provisions  of  the  Nicaraywui  Constitutioii  of  August  19, 
1858,  in  regard  to  limits  and  the  division  of  tlte  National 
territory. 

In  the  presence  of  God. 

We,  the  representatives  of  the  State,  fully  and  legally  au- 
thorized by  our  constituents  to  reform  the  Constitution  of  No- 
vember 12,  1858,  decree  and  sanction  the  following  Political 
Constitution : 

Chapter    I. 

Of  the  Republic. 

Article  1.  The  Republic  of  Nicaragua  is  the  same  that  was 
anciently  called  Province^  and  after  the  independence  State 
of  Nicaragua.  Its  territory'  is  bounded  on  the  east  and  north- 
east by  the  Sea  of  the  Antilles  ;  on  the  north  and  north- 
west by  the  State  of  Honduras ;  on  the  west  and  south  by  the 
Pacific  Ocean  ;  and  on  the  southeast  by  the  Republic  of  Costa 
Rica.     The  laws  upon  special  limits  form  a  part  of  the 

CoNSTITDTIOJSr.  ^ 

Article  3.  The  territory  shall  be  divided  for  the  different 
purposes  of  public  administration  into  the  departments,  dis- 
tricts, and  sections  which  the  Constitution  and  laws  shall  pro- 
vide for.  2 


'A  few  months  before,  the  treaty  of  limits  between  Nicaragua  and 
Costa  Rica  had  been  signed,  ratified,  exchanged,  and  approved,  and  this 
is  the  law  evidently  alluded  to  in  this  part  of  the  new  Constitution,  since 
Nicaragua  has  no  other  law  or  treaty  on  limits. 

"That  law  of  territorial  division  was  enacted  b}-  the  same  Constituent 
Assembly,  and  is  Document  No.  39  of  this  Appendix.  In  said  territorial 
division  the  ancient  district  of  Nicoya,  was  not,  nor  could  it  be,  mentioned. 


168 

C-iiveu  in  the  Hall  of  Sessions  of  the  Constituent  Assembly 
in  Managua,  the  19th  day  of  August  of  the  year  of  our  Lord, 
1858,  and  tlie  3Sth  of  our  Independence. 

HERMENEGILDO  ZEPEDA, 
Deputy  for  the  iJ'iisti'ict  of  Leon,  Prefsident. 
ANTONIO  FALLA, 
Deputy  for  the  District  of  Rivas,  Vice-President. 
FELIX  DE  LA  LLANA, 

Deputy  for  the  District  of  Leon. 
CLETO  MAYORGA, 

Deputy  for  the  District  of  Leon. 
SANTIAGO  FRADO, 
Deputy  for  the  District  of  CJiinandega. 

MARIANO  RAMIREZ, 
Deputy  for  the  District  of  Chinandega. 
HIP6LIT0  GUTIERREZ, 
Deputy  for  the  District  of  Nueva  Segovia. 
PABLO    CHAMORRO, 
Deputy  for  the  District  of  Matagalpa. 

NARCISO  ESPINOSA, 
Deputy  for  tJie  District  of  Matagalpa. 
ISIDORO  LOPEZ, 
"  Dejjuty  for  the  District  of  Masaya. 

FRANCISCO  JIMENEZ, 
Deputy  for  the  District  (f  Granada. 

JOSE  L.  CESAR, 
Deputy  for  the  District  of  Jinotepe. 
J.  MIGUEL  CARDENAS, 
Deputy  for  the  District  if  liivas. 
E.  CARAZO, 

Deputy  for  the  District  of  liivas. 
.1.   ARGl'iELLO, 
Deputy  for  the  District  of  Liivas. 


169 

JOSE  A.  MEJIA, 
Deputy  for  the  District  of  Jinotepe. 
J.  MARIANO  BOLANOS, 
Deputy  for  the  District  of  Masaya.^ 

Managua,  August  19,  1858. 
Let  it  be  executed. 

Given  under  my   hand   and  the  seal  of  the  Republic  and 
countersigned  by  the  Minister  of  Government, 

TOMAS  MARTINEZ. 
ROSALIO  CORTEZ, 

Minister  of  Government. 


'The  districts  represented  by  the  Cunstitueut  Assembly  were  Leon, 
Rivas,  Chinandega,  Nueva  Segovia,  Matagalpa,  Alasaya,  Granada,  and  Jino- 
tepe.    Nicoya  was  separated  from  Nicaragua  since  1824. 


170 


No.  39, 

Schedule  of  the  Judicial  Division  of  the  territory  of  the  Re- 
jnihlic  of  Xicaragiia. 

Depaetment  of  Granada, 


Grauada 
Jinotepe 
Santa  Teresa 
La  Paz 
El  Rosario 
Nandaimes 


District  of  Granada. 


Diriomo 

Diria 

San  Juan 

Santa  Catariua 

Niquinohomo 

Diriamba 


Masaya 
Nindiri 
Nandasmo 


District  of  Masaya. 


Masatepe 
San  Marcos 
San  Rafael 


Managua 
Tipitapa 


District  of  Managua. 

Mateare 


Department  of  Choutales. 
District  of  Acoyapa. 


Ac-oyapa 
Lohago 
Santo  Tomas 
Jui^alpa 
Coniiilapa 


Boac-o 

San  Lorenzo 

Tenstepe 
San  J()S('' 
San  Miguelito 


171 

District  of  San  Carlos. 

San  Cdrlos. 

Disi7'ict  of'  Castillo   Vlejo. 

Castillo  Viejo. 

District  of  San  Juan  del  Norte. 

Sau  Juan  del  Norte. 

Department  of  Chinandega. 

District  of  Chinandega. 


Chinandega 

Viejo 

Realejo 

Cliichigalpa 

Guadalupe 


Posaltega 
Posaltegiiilla 
Sonit>tillo 
Villa  Nuevft 


District  of  Corinto. 

Corinto. 

Department  of  Leon. 

District  of  Leon. 


Leon 

San  Felipe 

Subtiaba 

Camoapa 


Telica 

Quesalguaque 

Souse 


District  of  La  Libertad. 
Libertad. 


172 

Department  of  Nueta  Segoyia 


District  of  Nueva  Segovia. 


Somotogrande 

Ocotal 

Masonte 

Ciiidad  Antigua 

Jalapa 

J  icaro 

Telpaneca 

Condega 

Totogalpa 

Maeualizo 

Santa  Maria 


Dipilto 

Limay 

Estill 

Palacaguina 

Jalagnina 

Niigarote 

Puel)lo  Nuevo 

Trinidad 

Pueblo  Nuevo 

San  Buenaventura 

Santo  Rosa 


Department  of  Matagalpa. 


District  of  Matagalpa. 


Matagalpa 
Jiuotega 
San  Kafael 
La  Concordia 
Metopa 
Sebace 


Tierra  Bona 
Esquipulas 
Muimese 
San  Dionisio 
San  Ramon 


Department  of  IIivas. 


Disti^t  of  Divas. 


Kivas 
San  Gorge 
Buenos  Ayree 
Potosi 
Oltratre 


Oraetepe 
Moyogalpa 
Pineda 
La  Virgcn 

'i'oltU'Til 


173 


No.  40. 

A   road  is  ordered  to  he  opened  from  the   Capital   to   the 
Sarapujui  river. 

Juan  Rafael  Mora, 

President  of  the  Repvhlic  of  Costa  Rica. 
Whereas  the  Congress  has  decreed  the  following  : 
The  Constitutional  Congress  of  the  Ilepal)lic  of  Costa  Rica, 
having  seen  and  examined  the  contract  made  on  July  8th 
of  the  present  year  between  the  Supreme  Goverinuent  and  the 
Messrs.  Canty  foe  thk  purpose  of  building  a  road  from  this 
Capital  to  the  Sarapiqui  river,  has  been  pleased  to  decree, 
and  decrees : 

Sole  Article.   Let  the  12  articles  contained   in  the  above- 
named  contract  be  approved,  as  well  as  the  additional   article 
proposed  by  the  Supreme  Executive  Power  on  July  9th  of  the 
present  yeai',  inserted  in  the  same. 
To  the  Supreme  Executive  Power. 

Given  in  the  Hall  of  Sessions,  in  San  Jose,  the  23d  day  of 
September,  1858. 

RAFAEL  G.  ESCALANTE, 

President. 
JESUS  JIMENEZ, 

Secretary. 
MANUEL  CASTRO, 

Secretary. 

Therefore  let  it  be  executed. 
National  Palace,  San  Jose,  September  27.  1858. 
JUAN  RAFAEL  MORA. 
JUAN  BERNARDO  CALYO, 
Minister  of  the  Interior  and  the  Treasury. 


174 

No.  41. 

Concessions  made  hy  Costa  Rica  for  steam  navigation  upon 
the  Sa?'apiqui  and  San  Carlos  rivers,  and  for  carrying  the 
mail  from  the  wharf  on  the  Sarapiqui  river  to  San  Juan 
del  Norte  and  vice  versa. 

Juan  Rafael  Mora, 

President  of  the  Repnhlic  of  Costa  Rica. 

Whereas  tlie  Congress  has  decreed  the  following : 

The  ConstitutiiMial  Congress  of  the  Kepul^lic  'of  Costa  Kica 
having  considered  the  contract  for  steam  navigation  on  the 
"  Sarapiqui  and  San  Cfirlos  rivers,''  made  bj  the  Supreme 
Government  with  the  Messrs.  Cant}'  on  July  8  instant,  decrees  : 

Sole  Article.  The  contract  for  steam  navigation  upon  the 
Sarapiqui  and  San  Carlos  rivers  made  l»y  the  Supreme  Gov- 
ernment witli  the  Messrs.  Canty  is  approved,  with  the  excep- 
tion of  Ai'ticles  Yl  and  VII,  which  shall  read  in  said  contract 
as  follows  : 

"Article  VI.  The  Government  also  grants  to  the  Messrs. 
Canty  a  monthly  subsidy  of  sl50,  in  compensation  for  their 
services  in  carrying  and  ])ringing  the  mail,  twice  a  month,  be- 
tween the  Sarapiqui  wharf  and  San  Juan  del  Norte." 

"  Article  VII.  Lastly,  the  Government  grants  to  the  Messrs. 
Canty  exemption  from  taxes  on  their  steamboats,  and  the 
protection  of  the  same  by  the  authorities  of  all  ports,  as  far 
as  is  possible." 

To  the  Supreme  Executive  power. 

Given  in  the  Hall  of  Sessions,  in  San  Jose,  September  23, 

1858. 

RAFAEL  G.  ESCALANTE, 

J^'esident. 
JESUS  JIMENEZ, 

Secretary. 
Therefore  let  it  be  executed. 
National  Palace,  San  Jose,  September  27,  1858. 
JUAN  RAFAEL  MORA. 
JOAQUI^s'   liERNAKDO  CALV(J, 
Minister  of  the  Interior^  'Treasury^  and  War. 


175 


No.  42. 

Costa  Rica  is  recognized  as  a  painty  to  the  canal  grant  made 

to  Mr.  Belly. 
Juan  Rafael  Mora, 

President  of  the  Repxiblic  of  Costa  Rica. 

Whereas  the  Constitutional  Congress  of  tlie  Republic  hav- 
ing taken  into  consideration  the  28  articles  comprised  in  the  In- 
teroceanic  Convention,  celebrated  by  the  Governments  of  the 
Republics  of  Costa  Rica  and  Nicaragua,  with  Messrs.  Felix 
Belly  and  P.  M.  Millaud  &  Company,  of  Paris,  and  considering 
at  the  same  time  the  additional  article  to  said  convention,  has 
decreed,  as  follows: 

Article  1.  The  Interoceanic  Convention  celebrated  between 
the  Governments  of  the  Republics  of  Costa  Rica  and  Nicara- 
gua and  Messrs.  Felix  Belly  and  P.  M.  Millaud  &  Company, 
of  Paris,  is  approved  in  all  its  parts ;  but  with  tlie  understand- 
ing that  the  responsibility  spoken  of  in  Article  10  shall  only 
apply  when  the  foreign  attack  or  invasion  may  be  lawful. 

Article  2.  The  present  decree  shall  only  have  effect  after 
the  Congress  of  the  Republic  of  Nicaragua  shall  have  ratified 
the  Convention,  of  which  reference  is  made  above. 

To  the  Supreuje  Executive  Power. 

Given  in  the  Hall  of  Sessions,  in  San  Jose,  on  the  16th  day 
of  December,  1858. 

RAFAEL  G.  ESCALANTE, 

President. 
JESUS  JIMENEZ, 

Secretary. 
MANUEL  CASTRO, 

Secretary. 

Therefore  let  it  be  executed. 

National  Palace,  San  Jose,  December  16,  1858. 

JUAN  RAFAEL  MORA. 
NAZARIO  TOLEDO, 
Minister  of  foreign  Relations. 


176 


No.  43. 

A  tax  for  the  henejit  of  the  pvhlic  instruction  of  the  Provitice 
of  Guanacaste  is  levied  upon  the  exportation  of  wood  shipped 
on  the  Pacific  coast  hetween  Cape  Blanco  and  the  Gulf  of 
Salinas. 

Juan  Rafael  Mora, 

President  of  the  Pepuhlic  of  Costa  Pica  : 
With  the  view  of  enlarging  the  export  commerce  with  the 

products  OF  THE  IMMENSE  FORESTS  WHICH  THE  REPUBLIC  POS- 
SESSES IN  THE  WESTERN  PART  OF  HEK  TERRITORY,  and  of  provid- 
ing by  this  means  the  Province  of  Moracia^  with  funds  for 
public  instruction,  1  do  hereby  decree  : 

Article  1.  The  exportation  of  crude  lumber,  of  an}'  quality 
or  size,  is  permitted  for  the  term  of  live  years  on  any  part  of 
the  Pacitic  coast  between  Cape  Blanco  and  the  Gulf  of  Salinas, 
without  any  other  duties  than  those  imposed  by  the  present 
deci'ee. 

Article  2.  For  each  log  of  wood  which,  by  virtue  of  the 
preceding  Article,  will  be  shipped  from  any  place  on  the  coast 
situated  in  the  jurisdiction  of  the  Province  of  Moracia,  the 
sum  of  two  reals  (25  cents)  shall  be  collected,  whatever  the 
dimension  of  the  log  may  l)e ;  and  the  payment  shall  be 
made  pi'cviously  to  the  shipping. 

§  1.  The  amount  of  this  tax  shall  be  turned  over  to  the  fund 
for  pul)lic  insti'uction  in  the  Province  above  nameib 

§2.  The  (Tovernoi-  of  the  said  Province  shall  make  the  col- 
lection of  this  tax  by  (;ommissioners,  whom  he  shMll  !i])point 
for  that  purpose. 

Article  3.  Whoever  shall  shiji,  or  attempt  to  ship,  timber 
from  the  places  aforesaid,  without  jii-eviously  paying  the  duty 
prescribed  liy  Article  2(1,  ^hall  l>c  i)onnd  ipso  facto  to  pay 
double. 


'fJuanacaste. 


177 

Article  4.  The  duty  of  five  cents  per  cubic  foot  shall  con- 
tinue to  be  paid  for  the  timber  felled  in  the  littoral  of  the  Gulf 
of  Puntarenas,  if  the  thickness  or  horizontal  section  of  the  log 
exceeds  12  square  inches. 

Article  5.  All  previous  provisions  relative  to  the  exporta- 
tion of  timber  are  hereby  repealed. 

Given  at  the  National  Palace  of  San  Jose  on  January  13, 
1859. 

JUAN  RAFAEL  MORA. 
JOSt  MARIA  CASAS, 
Secretary  of  the  Treasury. 
12 


178 


No  44. 

New  rules  enacted  in  regard  to  timber  'with in  the  /.one  of  the 
Sarapiqui  and  other  rivers  of  the  Eepuhlic  on  the  Atlantic 
side. 

Juan  Rafael  Mora, 

President  of  the  Republic  of  Costa  Rica  : 
Whereas  I  have  been  informed  that  timber  is  cut  down  with- 
out permission  (^i  the  Government  on  the  banks  of  the  Sara- 
piqui AND  ELSEWHERE  IN  THE  TERRITORY  OF  THE  REPUBLIC  ON  THE 

Atlantic  side,  and  that  in  spite  of  tlie  measures  taken  by  the 
Frontier  authorities,'  the  said  unlawful  trade  continues,  I  do 
hereby  decree : 

Article  1.  On  and  after  the  1st  day  of  April  next  it  siiall 
be  unlawful  for  any  one  to  cMit  timber  in  the  territory  of  the 
Republic  on  the  Atlantic  side,  for  exportation  purposes,  with- 
out permission  of  the  P]xecutive. 

?  1.  In  consequence  of  this  provision  any  one  who  wishes  to 
engage  in  this  trade,  in  that  section  of  the  country,  shall  apply 
to  the  Executive  for  a  permit,  and  shall  specify  in  his  applica- 
tion the  place  where  he  wishes  to  cut. 

§  2.  Before  granting  the  said  permit  tlu'  interested  party 
shall  give  security  foi-  the  payment  of  the  duties  hereafter  to 
be  provided  for. 

Article  2.  Each  log, of  whatever  tliicUness,  shall  be  charged 
the  duty  of  one-half  real  (♦>;{:  cents)  for  each  yard. 

Article  8.  The  MiLriAKV  Commandant  of  Pinta  de 
Castilla,-  either  by  himself,  or  by  menns  of  commissioners, 
shall  attend  to  the  collection  of  this  duty,  and  shall  keep  for 
that  purj)ose  such  books  as  may  Itc  i'ci|uii'cd  to  show  tlu; 
amount  derived  from  that  source. 

Article  4.   Whoever,  in  ])Ui'suan(;e  of  tiie  provisions  of  this 

Tlie  new  fmnlicr  CHlulilishcd  liy  Iht;  trciily  (<f  April  15,  lHr)H. 

Kiislern  exlremily  (»f  Uw  honlcr  line  cslubiisheti  by  the  treaty  of  1858. 


179 

decree,  shall  engage  in  the  cutting  of  tirnher  in  the  places 
aforesaid,  shall  be  bound,  before  shipping  it,  to  file  before  the 
Commandant  of  Pinta  de  Castilla  a  correct  bill  of  lading 
specifying  all  the  pieces  which  are  to  be  exported  ;  and,  in 
case  that  no  such  document  is  filed,  or  that,  if  filed,  it  does 
not  agree  with  the  cargo,  he  shall  pay  double  duty,  and  shall 
forfeit  the  right  to  continue  cutting  timber. 

Article  5.  The  timber  trade  which  heretofore  has  been 
carried  on  on  the  hanks  of  the  I'ivers^  noniiiig  throuyh  the 
territory  of  the  Iiepnhlic,  being  unlawful,  such  timber  as  may 
be  now  cut  shall  not  l)e  exported  unless  with  permission  of  the 
Government  and  upon  the  payment  of  the  duties  herein  estab- 
lished. 

Article  6.  The  Commandants  of  Pltnta  de  Castilla  and 
Sarapiqui  shall  see  that  this  decree  is  faithfully  complied  with, 
and  if,  as  has  already  happened,  their  authoi-ity  is  not  recognized 
they  shall  open  an  investigation  to  show  that  the  provisions  of 
this  decree  have  been  violated,  and  shall  submit  the  record 
thereof  with  their  report  to  this  Department,  giving  also  notice 
thereof  to  the  General  Commandant. 

Article  7.  As  soon  as  the  General  Commandant  receives 
positive  information  that  timber  is  cut  down  on  the  Atlantic 
side  in  violation  of  the  present  decree,  he  shall  send  the 
proper  forces  to  arrest  the  violators  of  the  law  of  what- 
ever nationality  they  may  be-,  in  order  that  they  may  be 
tried  and  punished  in  this  Capital  according  to  law.  And  every 
settlement  or  establishment  which  the  violators  may  have 
made  or  erected  for  the  purpose  aforesaid,  together  with  tools 
and  all  other  appurtenances,  shall  be  forfeited. 

Article  8.  As  soon  as  the  works  for  the  canal  through  the 
Nicaraguan  Isthmus  are  undertaken  the  effect  of  this  decree 
shall  be  suspended.-* 


'The  Sarapiqui,  San  Cjirlos,  Rio  Frio,  and  other  rivers  (treaty  of  1858). 
-  Includinsj;  the  neighbor  Nicaragua. 

■"This  was  for  the  purpose  of  favoring  the  enterprise  of  the  canal  which 
always  lias  had  the  protection  of  Costa  Rica. 


180 

Giveu   at    the   National   Palace  of  San  Jose  on  March  9, 
1859. 

JUAN  RAFAEL  MORA. 
JOSE  MARIA  CAKAS, 
Secretary  of  the  Treasury. 


181 


No.  45. 

Costa  Rica  approves  the  contract  of  interoceanic  canal  entered 
into  with  Mr.  Felix  Belly,  of  Paris. 

Juan  Rafael  Mora, 

President  of  the  RepahUc  of  Costa  Rica  : 
Whereas  the  Constitutional  Congress  has  decreed  as  follows  : 
The  Constitutional  Congress  of  the  Republic  of  Costa  Rica, 
upon  examination  of  the  amendments  made  to  the  interna- 
tional convention  relative  to  the  construction  of  a  Mari- 
time Interoceanic  Canal,  through  the  San  Juan  river  anl> 
Lake  of  Nicaragua,  entered  into  between  the  Republics 
of  Nicaragua  and  Costa  Rica  and  Messrs.  Felix  Belly  & 
Co.,  of  Paris,  decrees  : 

Sole  Aritole.  All  the  amendments  made  by  the  Charal)ers 
of  the  Republic  of  Ni(!aragua  to  the  Convention  aljove  named 
are  hereby  approved. 

To  the  Supreme  Executive. 

Given  at  the  Hall  of  Sessions  at  San  Jose,  on  Jane  22,  1859. 
RAFAEL  G.  ESCALANTE, 

President. 
MANUEL  CASTRO, 

Secretary. 
JACINTO  TREJOS, 

Secretary. 
Therefore  let  it  be  executed. 
National  Palace,  San  Jose,  June  27,  1849. 

JUAN  RAFAEL  MORA. 
By  sickness  of  the  Hon.  Secretary  of  Foreign  Relations^ 
SALVADOR  GONZALEZ, 


Assistant  Secretary. 


182 


No.  46. 


Territorial  Division  of  the  liepuhlic  of  Costa  Rica  for  Elec- 
toral Purposes,  after  the  treaty  of  limits  of  April  15, 
1858. 

The  Senate  and  tlie  House  of  Representatives  of  Costa  Rica 
in  Congress  assemhled,  considering-  that  the  elections  of  tlie 
supreme  officers,  and  also  of  the  municipal  authorities  and  the 
juries  for  press  trials,  are  to  he  made  in  accordance  with  the 
provisions  of  the  Constitution,  have  enacted  the  following  law  : 

Title  1. — Sole  Chapter. 

Of  the    Territorial    Dirision. 

Article  1.  The  territory  of  the  Repuhlic  is  divided  for 
electoi-al  purposes  into  live  provinces  and  one  district  (co- 
marca),  which,  in  their  turn,  shall  he  divided  into  cantons,  and 
the  cantons  into  districts. 

Article  2.  The  provinces  shall  he  named  San  Jose,  Car- 
tago,  Heredla,  Alajuela  and  Gianacaste. 

*  ~  -X-  *  *  -X-  * 

Article  T.  The  Province  of  Guanacaste  consists  of  the 
city  of  Liheria  (its  (capital),  and  of  tlic  towns  of  Niooya, 
Santa  Cruz,  J^agaces,  and  Canas.  It  is  divided  into  four  can- 
tons, which  shall  have  the  same  names  as  the  cities  and  towns 
above-mentioned,  which  shall  l)e  the  chief  towns  of  the  can- 
tons;  and  the  tifth  town  ah(»ve-nained  shall  l»e  iiududed  in  the 
canton  of  which  the  other  city  immediately  preceding  it  in 
order  is  the  c-apital.      Each  canton  shall  have  two  districts. 


No.  47. 

The  Cii.sf.om  Authorities  of  Costa  Rica  e.rer<isinfj  jurisdirtioii 
on  the  frontier  <  kihlishe'i  hy  the  treaty  0/1858. 

Jos^fi  Maria  Montealegke, 

President  of  the  Repuhlic  of  Casta  Rica  : 

Taking  into  consideration  tliat  the  revenue  interests,  botli  of 
this  llepublic  and  of  Nicarag:ua,  demand  that  some  rules  should 
be  enacted  for  the  importation  and  exportation  of  merchandise 
through  the  land  frontier  between  both  countries, ^  and  as 
long  as  a  decision  completely  satisfying-  this  necessity,  and 
made  by  agreement  with  the  anthoi-ities  of  that  Republic  is 
not  enacted,  I  do  hereby  decree  : 

Article  1.  Whoever  shall  introduce  merchandise  in  the 
territory  of  Costa  Rica  through  the  land  boundary  with  Nic- 
aragua shall  be  bound  to  obtain  a  permit  to  do  so  from  the 

REVENUE  PORT  ESTABLISHED  ON  THE  BORDER  LINE  OF  BOTH  RePUB. 

Lies.  This  permit  shall  be  filed  before  the  Receiver  of  Public 
Moneys  of  Liberia,^  in  order  that  he  may  make  the  liquidation  of 
the  duties  to  be  paid  therefor  according  to  law. 

Article  2.  The  goods  and  merchandise  introduced  in  viola- 
tion of  the  provisions  of  the  foregoing  Article  shall  l)e  forfeited. 

Article  3.  The  revenue  post  of  the  frontier  shall  send  a 
duplicate  of  the  permits  issued  by  it  to  the  Governor  of  the 
Province,  and  the  latter  shall  be  bound  on  his  own  personal 
responsibility  to  transmit  those  duplicates  to  the  office  of  the 
Principal  Accountant  or  Comptroller  in  order  that  they  may  be 
used  to  prove  the  accounts  of  the  Receiver. 

Article  4.  AVhoever  shall  export,  through  the  same  loay, 
merchandise  destined  for  the  Republic  of  Nicaragua,  shall 
apply  for  the  proper  permit  to  the  Receiver  of  Public  Moneys 
at  Liberia  ;  and  the  revenue  post  of  the  frontier  shall  detain 


'The  new  frontier  established  by  the  treaty  of  1858. 
-'  Capital  of  the  Province  of  Guanacaste. 


184: 

all  merchandise  intended  to  he  carried  through  there,  without 
said  permit,  until  it  is  duly  ohtained  and  filed.  The  Receiver 
shall  he  hound  to  send  a  copy  of  the  said  permits  to  the  Gov- 
ernor of  the  Province  in  order  that  the  latter  may  transmit 
them  to  the  principal  Treasury  authorities  in  the  bordering 
department  of  the  Republic  of  Nicaragua. 

Article  5.  The  revenue  post  of  the  frontier  shall  keep 
a  book  wherein  all  the  permits  issued  by  it  for  the  interior  of 
the  country  shall  l»e  ct)pied  accurately.  And  this  book  sliall 
be  sent  at  the  end  of  every  fiscal  year  to  the  otfi(;e  of  the 
Comptroller.  Another  book  shall  be  kept  in  the  same  way, 
wherein  all  the  permits  issued  by  the  Receiver  of  Liberia  shall 
be  entered,  together  with  a  list  of  the  merchandise  exported 
to  Nicaragua ;  and  this  shall  be  sent  monthly  to  the  Governor 
of  the  Province  of  Guanacaste  for  his  information. 

Given  at  the  National  Palace  of  San  Jose  on  the  26th  da}' 
of  February,  1861. 

JOSE  MARIA   MONTE ALEGRE. 
VICENTE  AGUILAR, 

Secretary  of  the  Treasury. 


185 

No.  48. 

Concessions  made  hy  Costa  Rica  for  Steam  Navigation  on  the 
8ai'(ij)i<im.,  San  Ccirlos,  and  other  rivers  tributaries  of 
the  San  Juan  rirer,  and  the  Luke  of  Nicaragua,  and  for 
the  hmlding  of  a  road  from  the  interior  of  Costa  Rica 
to  the  Sarapiqui  river,  or  to  any  other  river  affluent  to  the 
San  Jtian. 

The  Senate  and  House  of  Representatives  of  Costa  Rica  in 
Congress  assembled  decree  : 

Article  1.  The  Executive  shall  inform  Messrs.  Thomas 
Horace  H.  and  George  Canty  that  the  contracts  made  on  Jul}' 
8,  1858,  for  Steam  Navigation  on  the  Sarapiqui,  San  Cakf^os, 

AND  other  RIVKKS  TRIBUTARIES  OF  THE  SaN  JuAN  RIVER,  AND  THE 

Lake  of  Nicaragua,  and  for  the  building  of  a  road  from 
THIS  Capital  to  the  Sarapiqui  river,  or  to  ant  other 
emptying  into  the  port  of  San  Juan  del  Norte,  have  heen 
terminated. 

Article  2.  In  case  that  the  company  spoken  of  l»y  Article 
1  of  tiie  contract  for  the  road,  formed  within  the  time  stipu- 
lated in  Article  9  of  the  same,  extended  for  six  months  l\v  de- 
cree of  the  provisional  Government,  and  under  the  conditions  es- 
tablished by  Article  1  aI)ove  named,  is  still  in  existence,  it  shall 
have  the  power,  in  spite  of  the  declaration  of  the  preceding 
Article,  to  use  the  right  granted  to  it  by  Article  12  of  the 
said  contract;  and  in  this  case  the  Executive  shall  have  the 
duty  to  secure  as  soon  as  possible  the  proper  decision. 
To  the  House  of  Representatives. 

Given  at  the  Hall  of  Sessions  at  the  National  Palace,  San 
Jose,  July  31,  1861. 

R.  RAMIREZ, 

Pi^esident. 
JUAN  GONZALEZ, 

Secretary. 
R.  FERNANDEZ, 

Secretary. 


18C 

Let  it  pass  to  the  Executive. 

Hall  of  the  House  of  Representatives  in  the  National  Palace, 
San  Jose.  Auii:ust  5,  ISfil. 

JULIAN  VOLIO, 

President. 
DEMETRIO  IGLESIAS, 

Secretaiy. 
ANDRES  SANCHEZ, 

Secretary. 

National  Palace, 
San  Jose,  August  12,  1861. 
Let  it  he  executed. 

JOSE  MARIA  MONTEALEGRE. 
FRANCISCO  MONTEALEGRE, 
Secretat^  of  the  Treasury,    W\u\  Uoads  and  the  Navy. 


187 


No.  49. 

Municipal  territorial  division  of  Costa  Rica  suhsequent  to  the 
treaty  of  limits  o/'1858. 

The  Senate  and  House  of  Representatives  of  Costa  Rica  in 
Congress  assembled,  do  hereby  enact  the  following  municipal 
ordinance  : 

Session  1st. 

Territorial  Division. 

Article  1.  The  territory  of  the  Republic  is  divided,  for  the 
purposes  of  municipal  administration,  into  five  provinces  and 
one  district  (comarca),  the  provinces  to  be  subdivided  into 
cantons,  and  the  cantons  into  districts. 

Article  2.  The  provinces  shall  be  named  San  Jose,  Car- 
tago,  Heredia,  Alajuela,  and  Guanacaste.  The  comarca  shall 
be  named  Punta  Arenas. 

Article  7.  The  Province  of  Guanacaste  consists  of  the 
city  of  Liberia,  its  capital,  and  the  towns  of  Nicoya,  Santa 
Cruz,  Bagaces,  and  Caaas.  It  shall  be  divided  into  four  can- 
tons, which  shall  have  the  same  names  as  the  city  and  towns 
above  mentioned,  which  shall  l)e  their  capitals  ;  but  the  two 
last-named  towns  shall  form  only  one  canton.  Each  canton 
shall  be  divided  into  two  districts. 


188 


No.  50. 

Grant  intide  in  favor  of  Don  Jost'  Antonio  Chnnorro  for  the 
huilding  of  a  road  to  the  banha  of  the  Sau  d nan  river. 

^  Tlie  Senate  aiid  House  of  Representatives  of  Costa  Rica 
in  Congress  assembled  decree  : 

x\rticle  1.  Permission  is  hereby  given  to  Don  Jose  Antonio 
Chamorro.  as  re(|uested  by  him,  to  make  through  the  public 
lauds  a  road  to  establish  communication  between  the  interior 
of  the  RepuMic  and  the  hanks  of  the  San  Juan  /'iver,  through 

which  cuttle  proceeding  froui  Nicaragua  may  be  introduced. 

******* 

To  the  Senate. 

Given  at  the  Hall  of  Sessions,  National  Palace,  San  Jose, 
November  16,  1863. 

FRANCISCO  M.  IGLESIAS, 

President. 
M.  J.  ZAMORA, 

Secretary. 
S.  LARA, 

Secretary. 
To  the  Executive  Power. 

Hall  of  the  Senate,  National  Palace,  San  Jose,  December 
2,  1863. 

JOSE  M.  MONTEALEGRE, 

I^resident. 
JOAQUIN  BERNARDO  CALVO, 

Secretary. 

R.  Fernandez, 

Secretary. 
Let  it  be  executed. 

JESUS  JIMENEZ. 

KR A N CISC( )  ECU E V AJiRlA, 

Secretary  of  the  treasury. 


189 


No.  51. 


Aleanmes  taken  in  rerjard  to  the  Gnatnso  IiuHkhs,  occupying 
the pht'uis  of  the  same  ■name  in  the  Rio  Frio  river  in  the 
territorial  jurisdiction  of  the  l-^ovince  of  Alajuela,  south 
of  the  Lake  of  Nicaragua  and  the  San  Juan  river. 

The  Senate  and  House  of  Representatives  of  the  Republic 
of  Costa  Rica  in  Congress  assembled  decree : 

Article  1.  The  Executive  is  hereby  authorized  to  appoint 
those  Caciques  of  Talamaiica  whom  it  may  choose  to  select,  to 
be  political  chiefs  of  their  districts,  dependent  upon  the  Gov- 
ernor of  the  Province  of  Cartago,  and  to  cause  the  said  Ca- 
ciques to  be  paid  out  of  the  public  Treasury  in  remuneration  of 
their  services,  a  salary  not  less  than  .$10  nor  more  than  $20 
monthly. 

Article  2.  The  Executive  is  also  authorized  by  this  decree  to 
appoint  a  capaljle  and  well  intentioned  person,  who  with  the 
title  of  Director  of  the  Talamanca  reservation  should  advise 
and  assist  the  Caciques  in  the  administration  of  the  Government 
of  the  people  under  them.,  and  suggest  such  measures  as 
may  be  conducive  to  their  more  speedy  civilization,  and  also 
furnish  such  reports  and  information  as  the  Supreme  Govern- 
ment or  the  Governor  of  Cartago  may  ask  of  him. 

Article  3.,  As  long  as  the  condition  of  those  people  does 
not  permit  the  administration  of  the  Go\-ernment  thereof  to 
be  conducted  on  tlie  same  footing  as  in  tlie  rest  of  the  Repub- 
lic, the  Caciques  political  chiefs  shall  rule  over  them,  and  shall 
administer  justice  according  to  their  usages  and  customs,  but 
subject  to  the  orders  of  this  Goveriunent  ;  I^ut  it  shall  never  l)e 
lawful  for  them  to  impose  capital  punislnnent,  nor  the  penalty 
of  exile  from  the  territory  of  the  Republic.  As  to  tlie  penalties 
of  imprisonment  or  coniinement  at  hard  lalior,  tliey  shall  have 
no  power  to  impose  them,  except  for  a  term  not  exceeding  one 
year. 

Article  4.   An   appeal  can  Ije  taken  from   the  decisions  of 


190 

the  Caciques  political  chiefs  to  the  Governor  of  Cartago,  and 
from  the  decisions  of  the  latter  to  the  President  of  the  Ee- 
puhlic  ;  and  it  shall  be  their  duty,  respectively,  either  to  affirm 
or  repeal  their  decision  against  which  the  appeal  was  taken, 
according  to  principles  of  justice,  and  upon  the  proper  investi- 
gation. 

Article  5.  "Whenever  a  person  who  is  not  a  native  of  the 
tribes  of  Talamanca  should  be  guilty  of  any  grave  offense  within 
that  jurisdiction,  the  case  sliall  be  properly  investigated  by  the 
Director,  and  the  record  of  the  investigation  shall  be  sent,  to- 
gether with  the  accused  party,  to  the  Judge  for  criminal  matters 
of  the  city  of  Cartago,  where  tiie  prisoner  shall  be  tried  accord- 
ing to  law.  The  same  proceedings  shall  be  resorted  to  wlien 
the  culprit  is  an  Indian,  and  the  oifense  committed  l)y  him  is  a 
capital  one,  or  is  punished  bylaw  with  expulsion  from  the  terri- 
tory of  the  Republic  or  with  the  penalties  of  imprisonment 
at  liard  lal)or  for  more  than  one  year. 

Article  B.  The  Executive  is  hereby  authorized  to  pay  a 
salary  which  shall  not  exceed  §60  per  month  to  the  Curates 
whom  the  Bishop  of  the  Diocese  should  send  to  those  localities, 
and  these  Curates,  once  there,  shall  not  collect  fees  of  any  kind. 

Article  7.  Tiie  Executive  is  likewise  authorized  to  fix  the 
jurisdictit»nal  limits  of  each  political  chief,  to  take  all  measures 
conducive  to  the  better  administration  of  the  Government  of 
those  people,  and  to  appoint  such  officer  as  it  may  deem  to  be 
strictly  necessary  for  the  service  there,  and  fix  their  salaries. 

Article  8.  The  Executive  shall  have  the  power  to  use  the 
sdine  means  as  above  tM'pla'med ^  to  undertal'e  the  cirUizafion 
of  the  Ind'uuts  culled  Guatuso  Indians,  found  in  the  Prov- 
ince of  Alajuela,  and  dependent  upon  the  Governor  of  the 
same  Province. 

To  tlie  House  of  Representatives. 

Given  at  the  Hall  of  Sessions,  National  I'alace,  San  Jose, 
.lunc  18,  1867. 

J.  M.  MONTEALKCiKK, 

Prcsidod. 


191 

J.  RAFAEL  MATA, 

Secretary. 
RAMON  FERNANDEZ, 

Secretary. 
To  the  Executive  Power. 

Hall  of  the  Chamher  of  Representatives,  National  Palace, 
San  Jose,  July  24,  1867. 

MANUEL  A.  BONILLA, 

President. 
ANDRES  SAINZ, 

Secretary. 
JUAN  M.  CARAZO, 

Secretary. 
National  Palace,  San  Jose,  July  25,  1867. 
Let  it  be  executed. 

JOSE  MARIA  CASTRO. 
A.  ESQUIVEL, 

Secretary  of  the  Interior. 


192 


No.  52. 


Dr.  Don  Epaminondus  Unhe.,  Commissioner  of  the  Govern- 
ment of  Costa  Iiica,  visits  the  San  Juan  and  San  Carlos 
I'ivers,  and  suggests  some  measures  for  the  foundation  of 
two  Costa  Riean  towns — one  at  Punta  de  Castilla  and  an 
other  at  the  confluence  of  the  San  Carlos  and  the  Ptnos 
Blancas  rivers. 

In  compliance  with  tiie  pi-omise  nuide  by  us  in  our  former 
issue,  we  shall  here  publish  the  report  made  by  Don  E.  Uribe, 
which  we  copy  from  the  "  Gaceta  Oficial  "  of  Costa  Rica  of 
July  2.  The  importance  of  that  report,  as  fai-  as  we  are  con- 
cerned, is  to  be  found  especially  in  what  refers  to  the  town  of 
San  Juan  and  the  navigability  of  the  Colorado  river : 

"  Alajdela,  Jane  1,  1868. 

"  To  the  Hon.  Secretary  of  the  Interior. 

"  Sir  :  In  compliance  with  the  orders  that  tlie  President  of 
the  Republic  was  pleased  to  give  me  to  go  to  San  Juan  del 
Norte  to  examine  the  condition  of  its  port,  of  the  road 
which  now  is  being  huilt  from.  San  Ramon  to  San  Carlos,  of 
the  San  Carlos  river  and  of  the  Colorado  river  and  its  bar,  in 
order  to  determine  whether  the  said  rivers  admit  of  steam 
navigation,  and  whether  the  bar  is  accessible,  and  also  to  find 
out  the  pr(»per  place  to  build  «  ^('"v^  on  the  former  of  the 
above-said  rivers,  and  to  see  how  far  a  steamboat  could  ascend 
that  stream,  and,  finally,  to  get  information  inhet/ier  the  au- 
thorities of  Nicaragua  had  allowed  or  abetted  the  expeditions 
v)Iiich  some  moyiths  ago  were  made  bij  indivnhials  of  that  Re* 
public  against  the  Guatuso  Indians;^  I  shall  leport  to  you, 
for  the  information  of  the  (/liief  Executive  Magistrate,  the 
result  of  my  labors. 

'  Unc.ivili/A'd  Indians  wIjo  inlmtiil  the  plains  of  the  Hio  Frio  river,  south 
of  Ihe  Luke  of  iS'icuruguii  and  of  the  Siiu  Juan  river. 


193 

1  left  this  city  on  April  4  ultimo,  and,  passing  through 
the  towns  of  Grecia  and  San  Ramon,  I  reached  San  Carlos  in 
fifteen  and  a  half  hours  (ordinary  rate  of  speed),  although  the 
portion  of  the  road  l)ot\veen  this  place  andahout  three  leagues 
beyond  San  Ramon  is  the  only  one  which  can  be  called  a  car- 
riage road.  From  there  I  continued  my  travel  tiirough  a  very 
narrow  path,  until  the  6th  instant ;  and  I  did  not  encounter 
any  other  difficulties  than  the  Catarata  Hill  and  the  Cataract 
and  San  Lorenzo  rivers,  the  latter  easil}'  admitting  of  being 
bridged.  As  to  the  hill  itself,  its  difiiculties  can  l)e  lessened 
by  levelling  its  grade  six  per  cent.,  and  giving  to  the  road  the 
proper  windings. 

I  embarked  at  the  place  which  is  called  El  Muelle  (the 
wharf),  three  leagues  l)eyond  Penas  Blancas,  and  although  my 
boat  was  very  heavil}'  laden  and  it  drew  two  feet  of  water  and 
the  river  was  very  shallow,  and  we  went  very  slow  in  order  to 
observe  everything  well,  I  reached  the  San  Juan  river  in 
twelve  hours,  without  having  found  in  the  whole  voyage  one 
single  place  where  the  water  was  less  than  three  feet  deep,  nor 
any  natural  obstacle  of  any  kind.  I  found,  however,  and  this 
only  at  certain  places,  several  poles  around  which  sand  had 
accumulated  and  caused  different  channels  to  be  formed ;  but 
this  evil  will  be  very  easy  to  remed}',  in  my  judgment,  l)y  re- 
moving the  said  poles,  and  allowing  the  water  to  run  from  one 
bank  to  the  other  according  to  the  natural  inclination  of  the 
river  bed,  and  then  1  think  that  the  depth  of  the  water  will 
not  be  less  than  four  feet. 

As  to  the  San  Juan  river,  I  did  not  find  any  difficulty  in  the 
navigation  thereof  between  the  place  at  which  the  San  Car- 
los river  empties  into  it  and  where  it  branches  off  to  form  the 
Colorado  river ;  but  between  the  latter  place  and  its  mouth 
the  boat  ran  aground  several  times  on  account  of  the  shallow- 
ness occasioned  \)y  the  summer  season,  which,  according  to  the 
information  given  by  the  inhabitants  of  those  localities,  had 
never  been  so  severe  before,  and  also  because  the  Colorado  river 
takes  from  the  San  Juan  three-quartci's  of  its  water. 
13 


194 

The  Port  of  San  Juan  is  not  at  present  in  good  condition 
because  tlie  transit  company,  owing  to  the  difficulties  existing 
between  it  and  the  Government  of  Nicaragua  in  regard  to  a 
certain  contract  entered  into  bv  them,  has  completely  stopped 
its  work.  Xevertheless,  I  think  that  this  obstacle  is  not  in- 
superable as  far  as  the  interests  of  the  commerce  of  Costa 
Rica  are  concerned,  because  the  only  thing  to  be  done  in  order 
to  obtain  that  the  commerce  of  Costa  Rica  be  carried  on 
through  that  place  would  be  to  clean,  for  the  distance  of  one 
or  two  miles,  that  branch  of  the  San  Juan  river  which  passes 
through  the  grounds  of  Panta  de  Castilla,  and  cause  the  latter 
place  to  communicate,  by  means  of  a  canal  or  railroad  four 
miles  long,  with  the  fresh-water  lake  formed  by  the  Colorado 
river,  which  lake  is  three  leagues  Jong,  two  hundred  yards  wide, 
and  four  or  five  fathoms  in  depth,  and  continue  from  there 
the  navigation  through  the  Colorado  river,  which  at  no  time 
of  the  year  lacks  five  or  six  feet  in  depth  in  either  of  its 
branches. 

You  will  understand,  sir,  and  1  pray  you  to  call  the  atten- 
tion of  the  President  to  this  point,  that  these  statements  are 
made  only  through  the  necessity  in  which  I  feel  myself  in 
duty  bound  to  report  to  the  Supreme  Government  all  that  1  have 
seen  and  has  occurred  to  me  in  regard  to  the  subject,  which 
I  was  directed  to  investigate,  but  not  by  any  means  because 
I  have  the  pretension  to  believe  that  I  have  found  the  ]>iulos- 
ophcr's  stone,  because  I  know  very  well  that  a  matter  of  such 
great  iin]»ort.'incc  as  this  cannot  be  decided  authoritatively,  ex- 
<'ci)t  by  one  who,  besides  being  competent  on  the  subject,  would 
have  time  and  money,  neither  of  whicii  1  unfortunately  have. 

In  K?:GAK1)  to  TIIK  obstacles  APPKHUKNOEn  GKNKKAI-LY  ON 
ACCOUNT  OF  THE  COMMON  RIGHTS  OF  NICARAGUA  AND  CoSTA  RiCA 

IN  THE  TOWN  OF  San  Juan,  ()wing  to  the  laiter  being  built 

ON  Nk.'ARAGUAN  TERRrroRV,  I  BELIEVE  THAT  THKV  WOULD  BE  OB- 
VIATKI)  SIKMIJ)  NOT  IIIK  TWO  IvKlMIBLICS  REACH  A  SETfLEMENT 
UPON  SOLU)  GROUNDS,   BY    PKOl'LING   PuNTA    DE  CasTILLA,^  WHICH 


'Costa  Hiciin  territory. 


195 

AFFORDS  SUFFICIENT  EXTENT  AND  FACILITY,  AS  WELL  AS  GOOD 
SANITARY  CONDITIONS,  FOR  A  VERY  GOOD  TOWN.  TJPON  THIS  SUB- 
JECT I  AM  AUTHORIZED  BY  SEVERAL  MERCHANTS  AMONG  THE  RICH- 
EST   AND    MOST    INFLUENTIAL    OF    SaN    JuAN    TO    SUGGEST  TO  THE 

Government  that,  if  no  arrangement  can  be  reached  with 
Nicaragua,  they  will  move  to  that  place  (Punta  de 
Castilla),  provided  that  certain  concessions  are  made  to 
them. 

As  to  the  point,  whether  the  month  of  the  Colorado  river  is 
accessible  or  not,  all  that  1  can  say  is  that,  dnring  the  twenty- 
two  days  I  spent  in  San  Juan,  the  steamer  "  Activo  "  entered 
the  port  on  four  different  occasions,  and  brought  passengers 
and  cargoes  which  were  transferred  to  the  river  boats  "  Kivas  " 
and  "  Panalaya,'"  and  carried  through  the  Colorado  river  with- 
out any  obstacle  to  Nicaragua. 

Owing  to  the  fact  that  the  Ti-ansit  Company  has  suspended 
its  work  1  could  not  obtain  a  steamboat  to  ascend  the  San 
Carlos  river;  but  the  Captain  of  the  boat  "  El  Cora,"  who  made 
that  trip  last  year  and  went  up  as  far  as  El  Arenal,  and  four 
merchants  of  respectability,  have  requested  me  to  petition  the 
legislative  body^  for  the  estal>lishment  of  a  line  of  steam- 
boats in  the  said  river  as  soon  as  possible.  Nevertheless,  in 
order  to  form  a  correct  opinion,  even  approximately,  of  what 
can  be  done  in  this  river,  I  ascended  it  in  a  launch  of  15  tons 
burden,  which  was  laden  with  a  cargo  of  about  4  tons,  and 
without  having  encountered  any  obstacle  I  spent  four  and  a 
half  days  in  going  from  the  mouth  of  tlie  San  Carlos  river 
to  the  wharf. 

I  examined  with  care  the  banks  of  the  San  Carlos  river  be- 
tween the  old  wharf  and  Penas  Blancas,  and  I  think  that  the 
harbor  must  be  located  at  the  confluence,  and  that  the  town 
must  be  built  upon  the  angular  space  formed  by  the  two 
rivers,  because  the  ground  there  is  high,  level,  and  extensive 
enouffh. 


The  one  of  Costa  Rica. 


196 

I  ENDEAVORED  AS  EARNESTLY  AS  I  COULD  TO  INVESTIGATE 
THE  PART  TAKEN  BY  THE  NiCARAGUAN  AUTHORITIES  IN  THE 
OUTRAGES  COMMITTED  BY  THE  CITIZENS  OF  THAT  REPUBLIC  AGAINST 
THE  GUATUSO  InDIANS/  AND  I  WAS  INFORMED  BY  TRUSTWORTHY 
PERSONS  THAT  THE  SAID  AUTHORITIES,  INSTEAD  OF  FAVORING 
THE    WRONGDOERS,    MADE    AN    EFFORT    TO    PUNISH    THEM. 

All  that  I  have  said  in  this  report  is  the  result  of  my  own 
personal  observation,  and  if  I  succeed  in  obtaining  that  my 
humble  work  be  of  any  service  to  the  country  and  satisfactory 
to  tlie  Government  you  may  rest  assured  that  my  aspirations 
will  be  thoroughly  fulfilled. 

I  liave  the  honor  to  subscribe  myself,  3'our  attentive  servant, 

E.  URIBE. 

["  Gaceta  de  Nicaragua,"  6th  year,  No.  31,  Managua,  Saturday,  August  1, 
1868.] 


*  Costa  Rican  Indians. 


1^7 


No.  53. 

The  official  organ  of  Nicaragua  jpuijliahes  the  estimate  of  tfie 
work  to  he  done  on  the  river  and  port  of  San  Juan  ac- 
cording to  surveys  made  hy  a  mixed  commission  agreed  upon 
hetween  the  Governnients  of  Costa  Rica  and  Nicaragua. 

The  present  step  is  a  forward  one  made  by  us  on  the  road 
of  progress.  The  present  administration,  following  its  ad- 
vanced ideas,  directed  that  a  survey  of  the  river  and  port  of 
San  Jnan  del  Norte  should  be  made,  in  harmony  with  the 
Government  of  Costa  Rica,  for  the  purpose  of  making  such 
improvements  as  required  by  the  necessities  of  the  commerce 
of  both  Republics  and  the  free  communication  with  foreign 
countries  through  the  Atlantic. 

In  our  preceding  issue  we  published  the  report  of  Civil  En- 
gineer Don  Maximiliano  Sonnenstern ;  and  now  we  print  the 
estimate  of  the  expenses  which  will  be  incurred  in  the  work  of 
repairs  on  the  river,  port  and  bay  of  San  Juan,  and  the  meas- 
ures which  are  to  be  taken  to  render  it  again  freely  navigable 
by  steamboats  with  all  safety.  The  above-named  report  makes 
us  entertain  the  hope  that  the  said  work  so  beneficial  for  the 
two  Republics,  necessitating  no  more  expense  than  $76,000.00, 
will  be  easily  carried  out,  and  that  a  new  and  flattering  futui'e 
will  be  promised  to  both  countries. 

["  Qaceta  de  Nicaragua  "  6th  jear,  No.  46,  Managua,  November  14,  1868.] 


198 


No.  54. 


Editorial  of  the  "  Oaceta  Oficial "  of  Nicaragua  on  the  re- 
cepiion  in  Cost",  llica  of  the,  Nicaragaan  Minister^  Don 
Mariano  Montealegre. — Costa  Rica  is  recognized  as  horder- 
ing  upon  the  San  Juan  river ^  as  joint  possessor  of  the  navi- 
gation of  the  same,  and  as  imich  interested  as  Nicaragua  in 
the  Jnteroi-eanic  Canal  enterprise. 

OuK  Legation  in  Costa  Rica. 

On  the  lOtli  instant,  Don  Mariano  Montealegre,  Envoy  Ex- 
traordinan'  and  Minister  Plenipotentiarj'  of  Nicaragua,  near 
the  Republic  of  Costa  Rica,  was  officially  received  by  Presi- 
dent Jimenez. 

On  that  occasion  the  customary  speeches  were  made,  the 
text  of  which  we  print  elsewhere. 

From  the  concise  and  expressive  answer  of  President 
Jimenez  it  is  to  be  concluded  that  his  Government  feels  well 
disposed  in  regard  to  tlie  important  mission  entrusted  l)y  Senor 
Guzman  to  Don  Mariano  Montealegre. 

Evidence  to  the  same  effect  is  found  in  the  conrteons 
manner  with  which  the  Costa  Rican  Government  received  our 
Minister  Plenipotentiary.  He  was  not  only  given  the  warm- 
est recej)ti()n,  l)ut  was  admitted  in  the  diplomatic  body,  before 
being  ollicially  presented  to  the  President,  in  order  that  he 
could  attend  tlie  ceremonies  of  the  inauguration  of  Senor 
Jimenez  as  Chief  Magistrate  of  that  Republic. 

Nothing  else  could  have  been  expected,  and  so  we  said  in 
one  of  our  previous  mnnbers  (No,  17),  from  a  Magistrate  as 
the  one  who  now  rules  the  destinies  of  Costa  Ric^a,  and  from 
the  circumstances  attending  the  proclamation  of  a  constitution 
as  liberal  as  the  one  which  is  now  in  force  in  that  Republic. 

"  Ni(;akaoua  and  Costa   Rica,"  Pkk8U)Knt  Jimknkz  bays, 


199 


"  ARE  INDEED  CALLED  BY  NATURE  TO  SHARE  RECIPROCALLY  THE 
SAME  FATE,  AND  THEREFORE  THEY  OUGHT  TO  STRENGTHEN  THEIR 
FRIENDSHIP,  PRESERVE  PERFECT  HARMONY  AND  UNITE  THEIR  EF- 
FORTS   TO    OPEN    FOR    THEMSELVES    THE    PATHS    OF    COMMON    PRO- 


GRESS. 


"1 


These  words  are  indicative  of  tlie  line  of  conduct  which  the 
Government  now  established  in  Costa  Rica  intends  to  follow 
witli  the  rest  of  the  Central  American  Republics,  a  line  of  con- 
duct which  is  to  be  hoped  will  be  invariably  observed  by  all 
the  Central  American  States  among  themselves,  ^  because  they 
all  need  to  preserve  their  friendship  and  j)erfect  harmony  since 
their  welfare  and  progress  is  common. 

But  Nicaragua  and  Costa  Rica,  more  p:specially  still, 

FIND  THEMSELVFS  IN  POSITIONS  TO  STRENGTHEN  MORE  AND  MORE 
these  bonds,  and  OF  WORKING  WITH  THE  GREATEST  EARNESTNESS 

for  the  unity  of  their  interests  in  deference  to  human  pro- 
gress, because  they  are  topographically  situated  in  the 
best  manner  possible  to  accomplish  that  purpose. 

The  San  Juan  river,  besides  dividing  the  territory  of 
THE  two  States,^  causes  the  commercial  interests  of  both 

NATIONS  TO  INTERMIX  IN  SUCH  A  WAY  THAT  NEITHER  CAN  BE 
INDIFFERENT    TO    WHAT    HAPPENS    IN    THAT    STREAM. 

It  has  been  proved  by  the  most  competent  experts  on  the 
subject,  that  if  ever  a  port  can  I)e  opened  in  this  hemisphere 
to  the  commerce  of  tlie  world,  by  means  of  a  canal  uniting  the 
Atlantic  wdtli  the  Pacilic  Ocean,  the  only  place  through  which 
that  work  can  be  accomplished  is  the  San  Juan  river.  And 
this  is  the  reason  why  our  neighbor  must  not  allow  the  oppor- 
tunity to  pass  unnoticed  of  co-operating  in  the  happiness  and 
progress  of  Nicaragua  by  accepting  the  Ay(5n-Chevaliercon- 


'In  expressing  himself  in  this  waj'  the  meritorious  Don  Jesus  Jimenez 
was  certainly  far  from  thinking  that  shortly  afterwards  his  sentiments 
would  tind  no  better  return  than  the  denunciation  of  the  treaty  of  1858. 
"The  same  remark  is  applicable  to  these  words  of  the  "Gaceta." 
^  Certainly  these  words  are   not  confirmed  b}'  the  map  appended  to  the 
Argument  of  Nicaragua  to  which  the  present  is  a  reply. 


200 

TRACT    IN    THE  PART  THEREOF  WHICH  CORRESPONDS    TO  HER,  sinCG 

in  that  way  she  will  contribute  also  to  her  own  happiness  and 
progress. 

["  Gaceta  de  Nicaragua,"  7th  year,  No.  21.     Managua,  Saturday,  May  22, 
1869]. 


201 

No.  55. 

The  exportafAon  through  San  Juan  da  Nicaragua  of  the  nat- 
ural products  of  the priM'iG  lands  of  Costa  Rica,  such  as 
timber^  sarsajxirilla,  rubher,  balsams^  resin,  dec,  is  pro- 
hibited, in  order  to  jyrevent  the  natural  wealth  of  the  north- 
ern section  of  the  Ihp)uhlic  from  being  destroyed.  ^ 

Jesus  Jimenez, 

Provisional  President  of  the  Itepnhlic  of  Costa  Rica  : 

In  order  to  prevent  the  valuable  natural  productions  of  the 
public  lands  on  the  Atlantic  side  from  being  destroyed,  and 
also  to  repress  smuggling  and  protect  lawful  commerce,  I  do 
hereby  decree  : 

Article  1.  The  exportation  through  SA^f  Juan  de  Nicar- 
agua   OF    TIMBER,    SARSAPARILLA,  RUBBER,  BALSAMS,  RESINS,  AND 
ALL  OTHER  NATURAL  PRODUCTS  CUT,  OR  EXTRACTED,  OR  COLLECTED, 
*IN  THE  FORESTS  SITUATED  ON  THE  PUBLIC  LANDS  OF  THE  KePUBLIC 

BETWEEN  THE  Andes  AND  THE  ATLANTIC,  is  hereby  prohibited, 
unless  under  previous  authority  given  by  the  Judge  of  the 
Treasury  and  by  virtue  of  a  contract  entered  into  with  the 
Government  by  proposals  and  bids.  All  works  undertaken  in 
tlie  said  locality  fortlie  purpose  of  exporting  the  said  products 
in  the  manner  aforesaid  are  also  prohibited. 

Article  2.  Whoever  shall  violate  the  provisions  of  the 
foregoing  Article  shall  lose  the  cargo  so  attempted  to  be  carried 
and  shall  be  fined  one  hundred  dollars,  or,  in  default  of  pay- 
ment, if  the  person  has  not  sufficient  property  within  the  Re- 
public to  pay  that  amount,  lie  shall  suffer  three  months  of  im- 
prisonment at  hard  labor. 

Article  3.  Revenue  posts  shall  be  established  in  evert 

PLACE    OF     CONFLUENCE     OF     THE     SaN    CaRLOS    AND  SaRAPIQUI 

rivers  with  the  San  Juan.  Each  one  of  these  posts  shall  be 
commanded  l)y  a  corporal,  who  shall  have  three  privates  under 
him;  but  tlie  number  of  the   latter   shall    l>e   increased  if  the 

'  This  decree  was  the  first  germ  ot  the  idea  of  repudiating  the  treat}-  of 
1851. 


202 

necessities  of  the  service  require  it.  The  corporals  sliall  be 
paid  fifty  dollars  and  the  guards  thirty-five  dollars  per  month 
each. 

Article  -i.  It  shall  be  the  duty  of  these  posts,  1st.  To  pre- 
vent the  exportation  of  the  natural  products  of  the  public 
lands  of  the  Republic,  and  their  being  worked  or  obtained  for 
that  purpose.  2d.  To  seize  those  products  already  cut  down, 
collected  or  extracted,  and  send  thera  whenever  possible  and 
convenient,  together  with  the  arrested  transgressors,  to  the 
nearest  authority  in  order  that  the  latter  may  cause  the  pre- 
liminary investigation  to  be  made  and  submit  the  record 
thereof,  together  with  the  prisoners,  to  the  court  which  must 
pass  sentence.  3d.  To  seize  every  article  the  trade  of  which 
the  Government  has  reserved  iov  itself  and  tliose  wliose  im- 
portation is  forbidden,  if  attempted  to  be  intro(hiced  into  the 
Republic,  and  send  them,  together  with  the  prisoners,  to  the  near- 
est authority,  in  the  manner  and  for  the  purposes  above  named.* 
And  4th.  To  watch  that  no  articles  of  lawful  commerce  are 
introduced  into  the  country  without  tiie  formalities  prescribed 
by  tills  decree;  to  detain  those  which  may  be  attempted  to  be 
introduced  clandestinely  and  fi-audulently  ;  and  tt)  report  with- 
out loss  of  time  to  the  proper  otiicer,  who  must  declare  them 
forfeited. 

Article  H).  Whoever  shall  l)e  ai-i-csted  while  making  or 
assisting  in  the  exportation  of  tlie  natural  products  aforesaid 
without  the  pi'opcr  authority  and  without  paying  the  duties 
established,  shall  l)e  punished  accoixiing  t<»  the  provisions  of 
Article  2  of  tiie  present  decree;  l)ut  if  it  should  be  found 
out  that  he  has  already  made  the  exportation  ilicn  be  shall 
have  to  pay  a  double  tine  or  to  undei'go  double  time  in  prison 
at  luird  laboi-,  whatever  the  nature  and  <pianlity  of  the  exported 
articles  may  be. 

(iivon  at  the  Nati(»nal  Paltuu^  at  San  .lost'  on  Aj)ril  2S,  1809. 

JKSUS  JIMEiNKZ. 
JUAN  RAFAEL  MATA, 
Seo'etary  of  the  Tre'iaury. 

I 


203 


No.  56. 

The  territorial  jurisdiction  of  t/ie  "  Cowarca. ''  {District)  of 
Litnon  is  created. — The  limits  given  to  it  are  from  Punta 
de  Castilla,  frontier  of  Nicaragua,  to  the  United  States  of 
Colombia. 

The  Provisional  Chief  Magistrate  of  the  Republic,  taking 
into  consideration  the  distance  which  separates  the  people  of 
the  northern  section  of  the  Republic  from  this  capital,  and  the 
peculiar  necessities  of  those  scattered  villages,  does  hereby  de- 
cree : 

Article  1.  The  towns  and  villages  in  the  Yalley  of  Matina, 
and  ah)ng  the  whole  northern  littoral  of  the  Repul)lic,  from 
Punta  de  Castilla,  which  is  the  limit  of  Nicaragua,^  down 
to  the  frontiers  of  the  United  States  of  Colombia,  are  hereby 
declared  to  constitute,  for  all  purposes  of  Government,  the 
Comarca  or  District  of  Limon,  whose  capital  shall  be  the  vil- 
lage of  Moin,  where  the  officers  exercising  jurisdiction  in  the 
whole  territory  of  the  comarca  shall  establish  their  residence. 

Article  2.  The  Government  of  the  comarca  shall  be  ad- 
ministered in  the  following  way  : 

There  shall  be  a  Governor,  with  the  functions  and  powers 
given  by  law  to  the  provincial  Governors. 

There  shall  be  one  constitutional  Alcalde,  exercising  the  au- 
thority given  to  the  officers  of  this  kind  by  the  laws  of  the 
country. 

There  shall  be  as  many  justices  of  the  peace  as  are  now, 
or  may  in  the  future  be  established,  according  to  law,  in  the 
towns  or  villages  and  districts  belonging  to  the  comarca,  and 
the  territorial  limits  within  which  they  shall  exei-cise  jurisdic- 
tion shall  be  fixed,  as  far  as  possible,  by  tlie  Governor. 

There  shall  also  be  a  military  commandant  and  a  harbor- 
master. 

'  Treaty  of  1858. 


204: 

The  mimicipal  authority  shall  be  vested  in  the  Governor, 
as  provided  for  by  law  in  regard  to  the  comarca  of  Punta 
Arenas. 

Article  3.  In  judicial  niattert^,  the  comarca  shall  be  suIj- 
mitted  to  the  jurisdiction  of  the  courts  of  first  instance  of  the 
pi  ovince  of  Cartago. 

Article  4.  For  electoral  purposes,  tlie  comarca  shall  be 
considered  as  a  district  annexed  to  the  canton  of  El  Paraiso, 
in  the  above-named  province  of  Cartago. 

Given  at  the  National  Palace,  on  June  0,  1870. 

BRUKO  CARRANZA. 
JOAQUIN  LIZANO, 
Sovretai'y  of  the  Interior. 


205 

No.  57. 

Origin,  of  the  Martinez- J ertz  D^nnnvirate. 

[From  Memorias  para  la  liistoria  de  la  campana  naoional  contra  el 
fililjusltrisnio,  1850,  y  57  jior  Jeiouinio  Perez.     Mtisaya,  1874.] 

Martinez  and  Jerez. 

Lecjitiniists  and  Demcxn-ats  thoiig'ht  that  thecoiitiiiuati<iii  of 
the  civil  war  was  inevitable,  for  which  reafon  several  leaders 
who  had  been  impressed  l)y  the  danger  rnn  during  the  late 
national  war,  endeavored  to  bring  about  some  nndei-standing 
between  the  heads  of  the  two  parties.  We  have  a  letter  of 
General  Chamoi-ro  whei'ein  he  said  to  Martinez  :  "  It  is  neces- 
sary for  you  and  for  Jei'ez,  as  the  tiao  men  of  most  prestige^ 
to  take  upon  yourselves  the  task  of  constituting  the  liepvhlic^ 
and  overcome  the  difjicult  situation  subsequent  to  Walker^s 
downfall^ 

The  two  leaders,  with  a  portion  of  their  forces,  embarked 
on  the  steamer  San  Carlos  and  landed  at  Granada,  where  Mar- 
tinez remained.  Jerez  reached  Leon,  receiving  the  ovations 
of  the  whole  people.  General  Barrios  placed  upon  his  head  a 
wreath  of  laurels. 

Martinez,  with  several  orientals,  and  Jerez,  with  sevei-al  oc- 
cidentals, assembled  at  Managua,  endeavored  in  vain  to  make 
an  arrangement.  The}'  were  about  to  take  leave  of  each  other 
to  commence  again  the  fratricidal  struggle,  when  Jerez,  in 
company  with  Don  Evaristo  Carazo,  went  to  the  rooms  of 
Martinez,  who  happened  to  be  in  company  with  Don  Ignacio 
Padilla  and  the  author  of  these  Memoirs,  and  said  to  him : 
"Z^o  you  wish  yoxi  and  me  to  assume  the  power  and  to  govern 
the  Repuhlic  dictatorially  until  the  country  is  reorganized  by 
us  ?  "  Yes,  1  will,  was  the  answer.  And  an  agreement  was 
drawn  up  and  signed  establishing  the  Duumvirate,  which,  in 
spite  of  all  the  predictions  to  the  coutrai-y,  not  only  saved  the 
country  from  the  new  struggle  which  threatened  it,  but  wisely 
conducted  it  to  its  constitutional  orijauization. 


CHRONOLOGICAL  EPITOME 

OF 
HISTORICAL  FACTS  CONNECTED  WITH  THE  TERRITORIAL  DEMARCATION 

OF 

COSTA  RICA  AND  NICARAGUA. 


1502. — Fourth  voyao;e  of  Columbus.  Discovery  of  tlie  eastern 
coast  of  Central  America,  from  Cape  Honduras  down 
to  Portobello  and  Cape  Marmul,  embracing  the  an- 
cient Province  of  Veragua. 

1509. — The  King  of  Spain  erects  the  Governorship  of  Vera- 
gua in  favor  of  Diego  de  Nicuesa,from  Cape  Gracias 
a  Dios  to  the  Gulf  of  Darien. 

1513. — Discovery  of  the  Pacific  Ocean  or  Southern  Sea  hy 
Vasco  Nunez  de  Balboa. 

1514. — Pedrarias  Davila,  Governor  of  Castilla  del  Oro, 
lands  at  Darien. 

1519. — 15tli  August.     Panama  founded. 

1519. — ^Discovery  of  BrRicA,  Gulf  of  Osa  (now  Golfo  Dulce, 
Costa-Rica),  and  (Tulf  of  Nicoja. 

1520. — Nat;i  founded. 

1521. — Gtli  September.  Royal  ordinance  (Real  Cedula)  fixing 
the  boundaries  of  Panama  or  Governorship  of  Cas- 
tilla del  Oro,  its  western  limit  being  the  Province  of 
Veragua. 

1522. — Discovery  of  Nicaragua,  on  the  Sduthern  Sea,  by  Gil 
Gonzalez  Davila. 

1524. — Conquest  of  Nicaragua  by  Francisco  Hernandez  de 
Cordoba.     The  cities  of  Leon  and  Granada  founded. 

1525. — P'irst  survey  of  Lake  Nicaragua  by  Captain  Ruy  Diaz, 
who  discovers  its  egress  or  outlet,  el  Desaguadero. 

1525. — Hernando  de  Soto  surveys  the  upper  part  of  the  Desa-. 
guadero,  from   the  lake  to   the  first  rapid,  near  the 


207 

Indian  settlement  of  Yoto,  on  the  right  or  Costa- 
Rican  bank  of  the  river. 

1526. — Pedrarias  Davila  leaves  Panama  and  comes  to  Nicara- 
gna  to  quell  the  rebellion  of  his  lieutenant  Francisco 
Hernandez  de  Cordoba.  Cordoba  is  tried  and  put 
to  death. 

1527. — Pedrarias  Davila  is  superseded  as  Governor  of  Castilla 
del  Oro  by  Pedro  de  los  Rios  and  is  appointed  Gov- 
ernor and  Captain-General  of  Nicaragua.  No 
boundaries  were  fixed  to  this  Government,  which  was 
to  embrace  the  lands  conquered  by  Francisco  Her- 
nandez de  Cordoba  on  the  Southern  Sea. 

1529. — Pedrarias  Davila  sends  Martin  Estete  on  a  surveying 
expedition  to  the  Desaguadero.  Estete  goes  no 
farther  than  Captains  Ruy  Diaz  and  Hernando  de 
Soto,  but  he  lands  at  Yoto  and  explores  Costa  Rica 
up  to  the  Suerre  river.  Gabriel  de  Rojas,  Hernan 
San(;hez  de  Badajoz,  Diego  de  Castafieda,  &c.,  were 
the  principal  captains  of  this  campaign. 

1534. — 4111  May.  Rodrigo  de  Contreras  is  appointed  Gover- 
nor and  Captain-GenerMl  of  Nicaragua,  in  the  same 
manner  as  Pedrarias  Davila.  No  boundaries  were 
marked  and  Nicaragua  remains  confined  to  the  South- 
ern Sea. 

1534. — December  24.  Felipe  Gutierrez  is  appointed  Gover- 
nor of  the  Province  of  Veragua,  under  reservation 
of  the  rights  of  Columbus's  heirs,  his  jurisdiction 
extending  from  Cape  Gracias  a  Dios  down  to  Castilla 
del  Oro. 

1537. — Creation  of  ths  Dukedom  of  Veragua,  in  favor  of 
Don  Luis  Colon,  grandson  of  Columbus.  This 
Dukedom  comprised,  from  sea  to  sea,  25  square 
leagues,  l)etween  Chiriqui  Lagoon  (Zarabaro  Bay)  and 
River  Belen.  The  Province  of  Veragua  (Costa  Rica) 
granted  to  Felipe  Gutierrez  was  thenceforth  bounded 
by  the  Dukedom  of  the  same  name  to  the  southeast 


ii08 

and  hy  Cape  Gracias  a  Dios  to  tlie  north,  including 
the  whole  Mosquito  coast,  the  rivers  Yare,  Caxines 
(Escondido),  San  Jnan,  Snerre,  tfec,  within  the  juris- 
diction of  Veragua. 

1539. — Captains  x\lonso  Calero  and  Diego  Machnca  survey 
the  Desaguadero  and  sail  from  Lake  "Nicaragua  to 
the  sea. 

1539. — Hernan  Sanchez  de  Badajoz  is  appointed  Governor  of 
Costa  Rica,  or  Veragua,  to  succeed  Felipe  Gutierrez. 

1540. — April.  Hernan  Sanchez  de  Badajoz  hinds  at  the 
mouth  of  the  Rio  Tarire  (Sixola  or  Tiliri  river)  and 
founds  the  tirst  Spanish  settlement  on  the  northern 
coast  of  C(tsta  Rica.  The  King  of  Spain  did  not 
approve  the  commission  of  Hernan  Sanchez  de 
Badajoz. 

1540. — -Noveraher  29th,  Diego  Gutierrez,  Felipe's  brother, 
is  appointed  Governor  of  Veragua,  New  Cartago  or 
Costa  Rica.  This  Province,  which,  under  Felipe, 
ended  at  Cape  Gracias  a  Dios,  was  enlarged  north- 
wards farther  than  Cape  Camaron  to  the  hanks  of 
the  Rio  Grande  (River  Aguan  or  Roman).  Its 
southern  limit  was  the  Dukedom  of  Veragua. 

1540. — Fi'oni  this  date  tiie  ducal  estate  of  Veragua  was  called 
hy  this  name,  and  the  royal  provh we  of  Veragua  was 
named  Cartago  or  Costa  liica. 

155f). — The  Dukedom  of  Veragua  reserts  to  the  Royal  Crown, 
and  is  incorporated  into  tlie  Royal  domain. 

1560-157.3 — NiKvo  Caktago  or  Costa  Rica,  comprising  the 
tcn-ilory  of  the  I)csagnadci'o,is  (roiujuered,  settled,  and 
govej'ned  in  snc(!ession  hy  Juan  Cavallon,  .iuan  Vaz- 
(juoz  (h'  Coronado,  Peraf;in  de  Ribcra. 

1572. —  Ferafan  dc  Rihera,  Governor  of  Costa  Rica,  is  ap- 
|ioiiitcd  (/orregidor  of  Nicoya. 

1573. —  l)cceml)cr  Ist. — Philip  II  appoints  Diego  dc  Artieda 
(nrovertior  and  (yaptain-Ciciural  of  (Josta  Rica,  and 
marks   the   l)oun(laric>  of   tlli^    Province,  as  follows: 


209 

In  latitude,  from  sea  to  sea  ;  and  in  longitude  on  the 
Caril)bean  Sea,  from   the  San  Jnan  river,  the  main 
outlet  ur  Desaguadero  of    Lake   Nicai-agua,  to  the 
confines  of  Yeragua  (the  Escudo  de  Veragua),  and 
on  the  Southern  Sea,  from  the  limits  of  Nicoya  to  the 
valleys  of  Chiriqui  (River  Chiriqui  Viejo). 
1573. — Diego  de  Artieda  is  appointed  Governor  o^  Nicoya. 
1576. — The  early  Province  of  Nuevo  Cartago  or  Costa  Rica 
reduced  to  the  boundaries  marked  l)y   Philip  II  in 
1573.      A  new  province  was  created  to  the  north  of 
the  Desaguadert),  called  the  Province  of  Taguzgalpa. 
Its  limits  were  from  the  northern  mouth  of  the  San 
Juan  river  alongside  the  coast  to  Cape  Camaron,  and 
all  the  land  between  the  sea  and  the  boundary  line 
of  Nicaragua,  Nueva  Segovia,  and  Honduras. 
The  jurisdiction  of  Nicaragua  did   not  go  beyond    fifteen 
leagues  from  the  lake  shore  to  the  east.     It  is  plain  by  the 
demarcation   of  Costa  Rica  in   1573,  and  by  that  of  Taguz- 
galpa in  1576,  giving  to  these  Provinces  the  full  jurisdiction 
on  the  Desaguadero  from  its  mouths  to  fifteen  leagues  from 
the  lake,  that  Nicaragua  did  not  possess  an  inch  of  territory 
on  the  Caribbean  Sea,  at  the  end  of  the  XVIth  century,  when 
the  territorial  status  of  the  Audiencia  of  Guatemala  was  finally 
regulated. 

The  Taguzgalpa  or  Mosquito  coast,  from  1509  to  1573,  a  part 
of  Veragua,  Nuevo  Cartago,  or  Costa  Rica,  remained  unsettled 
and  open  to  piratical  invasions  during  the  XVlIth  century. 
Tiie  English  settled  at  Rio  Tinto  (Black  River),  Cape  Gracias 
a  Dios  and  Bluefields,  or  afforded  protection  to  the  Mosquito 
Indians. 

By  the  treaty  of  Versailles  of  1783  between  Spain  and  Eng- 
land, this  latti  r  Power  agreed  to  evacuate  the  settlements 
aforesaid.  A  more  comprehensive  and  precise  engagement 
was  entered  into  by  the  additional  treaty  of  London  of  1786 
between  the  same  parties.  England  was  compelled  to  evacuate 
the  Mosquito  coast ;  but  she  did  not  give  up  the  hope  of  having 
14 


210 

a  permanent  footing  there,  and,  though  apparently  complying 
with  her  treaty  ol)ligations,  she  devised  means  to  elude  them 
practically,  and  encouraged  some  private  individuals  to  submit 
to  the  Spanish  law,  to  become  Spanish  subjects,  and  to  ask 
grants  of  lands,  &c.  Tliis  was  the  case  with  Col.  Robert  Hodg- 
son, to  whose  endeavors  the  Mosquito  protectorate  of  modern 
times  owes  ^lial  regard.  Spain,  however,  recovered  the  control 
of  the  Mosquito  coast  whicli  was  placed  directly  under  the  mili- 
tary supervision  of  the  Captain-General  of  Guatemala. 


EKRATA, 


Page. 

Line. 

Eeads 

Should  Bead 

iv 

16 

Tausgalpa 

Taguzgalpa 

27 

29 

San  Cdrlos 

San  Carlos 

And  wherever  else 

fouud. 

51 

4 

1828 

1826 

66 

5 

fory 

for 

97 

4 

place 

placed 

103 

8 

May,  1813 

1812 

110 

27 

(1 

Escacii 

Escasii 

" 

31 

Cucurrique 

Tucurriqiie 

117 

17 

the 

an 

" 

25 

Fkaejanes 

Fraijanes 

(( 

27 

Blasco 

Blanco 

119 

25 

1881 

1831 

134 

12 

Totogalpa 

Tologalpa 

" 

21 

Gorge 

Jorge 

164 

2 

Sarapiqui 

Sarapiqui 

167 

8 

1858 

1838 

171 

9 

Posaltega 

Posoltega 

" 

10 

Posalteguilla 

Posolteguilla 

172 

25 

San  Gorge 

San  Jorge 

181 

26 

1849 

1859 

F 


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